Please read these Terms of Service (in conjunction with the rapi.Website Privacy Policy located at https://rapi.website/politica-de-privacidad/, and, where applicable, the rapi.Website EU Data Processing Annex found at https://rapi.website/apd ) completely and carefully before use rapi.Website (el «Sitio» o «Sitio Web» o «La Plataforma») y los servicios, características, contenido o aplicaciones ofrecidos por rapi.Website («rapi.Website», «nosotros», «nos ” o “nuestro”) (junto con el Sitio, los “Servicios”). Estos Términos de Servicio establecen los términos y condiciones legalmente vinculantes para su uso del Sitio y los Servicios.
1) Acceptance of the Terms.
- By registering and/or using the Services in any way, including, without limitation, visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the Processing Addendum of EU data). ) and all other operating rules, policies and procedures that we may post from time to time on the Site, each of which is incorporated by reference and each of which may be updated from time to time without notice.
- Some of the Services may be subject to additional terms and conditions specified by us from time to time; Your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
- These Terms of Service apply to all users of the Services, including, without limitation, users who contribute content, information and other materials or services, whether registered or not.
- ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND rapi.Website WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ACTION -BROAD ARBITRATION.
2) Eligibility.
You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not, under any circumstances or for any reason, access or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change your eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service comply with all laws, rules and regulations applicable to you and the right to access the Services is revoked when these Terms of Service or use of the Services is prohibited or in To the extent that you offer, sell or provide the Services in conflict with any applicable law, rule or regulation. Furthermore, the Services are provided solely for your use and not for the use or benefit of any third party. If you are registering with rapi.Website on behalf of an entity or third party, you represent and warrant that you have full authority to bind that entity to these Terms of Service.
3) Registration.
To use the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your account information up to date. You shall not: (i) select or use as a username the name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than yourself without proper authorization; or (iii) use, as a username, a name that is offensive, vulgar or obscene. You are solely responsible for the activity that occurs under your Account and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any change or revocation of any license from state authorities), breach of security, or unauthorized use of your Account. You should never post, distribute, or publish login information for your Account. You will have the ability to delete your Account, either directly or upon express request.
4) Processing of Personal Data
Your personal data will be treated in accordance with the rapi.Website Privacy Policy, available at https://rapi.website/politica-de-privacidad/. To the extent that you are a data controller that provides rapi.Website with personal data of interested third parties, including, but not limited to, other users of the Services, that is subject to European Union (EU) Regulation No. 2016/ 679 of April 27, 2016, also known as the General Data Protection Regulation, you agree to the terms contained in the EU Data Processing Annex of rapi.Website, available at https://rapi.website/apd.
5) Content.
TO. Definition. For the purposes of these Terms of Service, the term "Content" includes, but is not limited to, subdomain names on rapi.website, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive features generated, provided or otherwise accessible on or through the Services. For purposes of this Agreement, “Content” also includes all User Content (as defined below).
b. User Content. rapi.Website no será responsable de ningún Contenido agregado, creado, cargado, enviado, distribuido o publicado en los Servicios por los usuarios (colectivamente, «Contenido del usuario»), ya sea publicado públicamente o transmitido de forma privada. Usted declara que todo el Contenido de usuario proporcionado por usted es preciso, completo, actualizado y cumple con todas las leyes, normas y reglamentos aplicables. Usted reconoce que todo el Contenido, incluido el Contenido del usuario, al que accede utilizando los Servicios es bajo su propio riesgo y será el único responsable de cualquier daño o pérdida para usted o cualquier otra parte que resulte de ello. No garantizamos que cualquier Contenido al que acceda en o a través de los Servicios sea o continúe siendo exacto.
c. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall comply with and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services.
d. License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, non-transferable license to use (i.e., to download and display locally) Content solely for the purpose of using the Services. Use, reproduction, modification, distribution or storage of any Content for purposes other than use of the Services is expressly prohibited without our prior written permission. You will not sell, license, rent, use or exploit any Content for commercial use or in any way that violates the rights of third parties.
AND. Content Availability. We do not guarantee that any Content will be available on the Site or through the Services. We reserve the right, but have no obligation, to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice and for any reason (including, without limitation, upon receipt of claims or allegations of third parties or authorities in connection with such Content or if we are concerned that you have violated these Terms of Service, or for no reason and (ii) to remove or block any Content from the Services.
Propiedad Intelectual y Propiedad industrial
Toda la información contenida en el Sitio Web así como su diseño gráfico y los códigos utilizados, están protegidos por derechos de autor u otros derechos de protección. Estos derechos pertenecen exclusivamente a La Plataforma o a sus licenciadores, por lo tanto, queda expresamente excluido cualquier acto de reproducción, distribución, transformación o comunicación pública, así como cualquier tipo de cesión, del todo o parte del contenido de este sitio, y en general de cualquier objeto que según la legislación vigente sea protegible por las normas de propiedad intelectual.
Todo el contenido del Sitio Web, de sus funcionalidades y todo el contenido disponible a través de los Servicios, incluyendo diseños, texto, gráficos, imágenes, vídeo, información, aplicaciones, software, música, sonido y otros archivos, así como su selección y disposición (el «Contenido») son propiedad exclusiva de La Plataforma o de sus licenciantes con todos los derechos reservados.
Ninguna parte del Contenido del Sitio Web podrá ser modificada, copiada, distribuida, reproducida, descargada, extraída, mostrada, publicada, transmitida o vendida en modo alguno o por ningún medio, total o parcialmente, sin el previo consentimiento y por escrito de la Plataforma.
Siempre que el Usuario esté legitimado para usar el Sitio Web, La Plataforma otorga una licencia limitada para usar y acceder al sitio y al contenido del sitio y para descargar legítimamente y sólo para uso personal y no comercial, el contenido del mismo, siempre y cuando se mantengan intactas todas las advertencias sobre derechos de autor y propiedad intelectual.
Queda prohibido cualquier otro uso del Contenido de incluido en el Sitio Web del previsto en los presentes Términos y Condiciones.
No podrán utilizarse, sin autorización previa y por escrito del titular, las marcas, nombres comerciales, rótulos de establecimientos, denominaciones, logotipos, eslóganes o cualquier tipo de signo distintivo mostrado en el Sitio Web y perteneciente a La Plataforma, y de forma expresa, el denominativo «rapi.Website» o «<subdominio>.rapi.website», y/o sus derivados.
Así mismo, la plataforma se reserva el derecho a prohibir o modificar, sin necesidad de previo aviso al usuario o terceros, los nombres de subdominios «<subdominio>.rapi.website» , que así considere por posibles conflictos comerciales u operativos en la propia plataforma o con terceros.
La Plataforma se reserva expresamente cuantas acciones civiles y penales, en virtud de la legislación vigente, que pudieran corresponderle como consecuencia de la vulneración de la pacifica posesión y/o titularidad no autorizada de los derechos de propiedad industrial e intelectual.
Queda expresamente prohibida la utilización, sin previo consentimiento, de cualquier elemento de la Plataforma que sea objeto de protección de acuerdo con la legislación vigente relativa a propiedad industrial. Especialmente, no podrán utilizarse marcas, nombres comerciales, rótulos de establecimientos, denominaciones, logotipos, eslóganes o cualquier tipo de signo distintivo perteneciente a La Plataforma.
6) Rules of Conduct.
A. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity and all activity related to your Account in connection with the Services (including, without limitation, your communications and collection of data from other users of the Services).
B. You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit or distribute or facilitate the distribution of any Content, including, without limitation, User Content, on or through the Services that:
- Yo. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law, rule or regulation (whether domestic, foreign or international) or contractual duty;
- ii. violates these Terms of Service;
- iii. knows to be false, misleading, misleading or inaccurate;
- IV. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is inappropriate as determined by us in our sole discretion;
- v. constitutes unauthorized or unsolicited advertising, junk mail or mass email ("spamming");
- saw. contains software viruses or any other computer code, files or programs that are designed or intended to interrupt, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or any third party;
- vii. impersonates any person or entity, including any of our employees or representatives; either
- viii. includes any person's identification documents or confidential financial information.
C. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) circumvent, circumvent or attempt to circumvent or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of autoresponder or “spam” on the Services; (v) use manual or automated software, devices or other processes to “crawl” or “crawl” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) take any action in violation of our guidelines and policies.
D. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any applications), Except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate or create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute or transfer any of the rights that receive below. You must comply with all applicable local, state, national and international laws and regulations.
E. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent or address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
7) Third party services.
The Services may allow you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of such a link does not imply our endorsement or any association between us and its operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content.
8) Payments and Billing.
TO. Paid services. Some of our Services may be subject to payment now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or subscribing to a paid Service are deemed part of this Agreement.
b. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your use of the Paid Services. Payment processing will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for Payment Processor errors. By choosing to use the Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, to through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using the selected Payment Method. We reserve the right to correct any errors or confusions you make even if you have already requested or received payment.
c. Way to pay. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive your payment, you agree to pay all amounts due on your Billing Account upon request.
d. Recurring billing. Some of the Paid Services may consist of an initial period, for which there is no charge, or a one-time or initial charge, followed by charges for recurring periods as agreed with you through the service you have chosen. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (e.g., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES FILED BEFORE WE CAN REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://rapi.website/facturacion.
AND.Current information required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION ON YOUR BILLING ACCOUNT. YOU MUST IMMEDIATELY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER OR CREDIT CARD EXPIRATION DATE), AND YOU MUST NOTIFY US IMMEDIATELY OR TO OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., DUE TO LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR NAME. USER OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR “Account” PAGE IN THE ADMINISTRATION INTERFACE OF YOUR SITE. IF YOU DO NOT PROVIDE ANY OF THE ABOVE INFORMATION, YOU AGREE THAT WE MAY CONTINUE TO CHARGE YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
F. Change in Authorized Quantity. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales tax), you are entitled to, and we will provide you with, a notice of the amount to be charged and the date of the charge prior to the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
g. Automatic renewal for subscription-based services. Unless you opt-in to automatic renewal, which can be done through your account settings ("Account" PAGE IN THE ADMINISTRATION INTERFACE OF YOUR SITE), any Subscription-Based Services for which you have registered will be automatically extended. for successive renewal periods of the same duration as the originally selected subscription period, at the then-current non-promotional rate. To change or cancel your Subscription Services at any time, go to your account “Account” PAGE IN THE ADMINISTRATION INTERFACE OF YOUR SITE). If you cancel a subscription-based Service, you may use your subscription until the end of your current term; Your subscription will not be renewed after your current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
H. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit such charges for payment and you will be responsible for such charges. This does not waive our right to request payment directly from you. Your charges may be payable in advance, in arrears, per use or as otherwise stated when you initially selected to use the Paid Service.
YO. Free trials and other promotions. Any free trial or other promotion that provides access to a paid Service must be used within the specified trial time. You must stop using a paid Service before the trial period ends to avoid being charged for that Service.
J. Taxes. Depending on the country of your residence, we may have a legal obligation to collect sales tax for your payment(s) to rapi.Website. In this case, we will calculate the tax due on each charge based on the location information we have about you. Our offer prices do not include taxes, and taxes will be collected in addition to rapi.Website fees at the time of sale. If you are exempt from paying sales tax, you must provide us with a valid tax exemption certificate that meets the applicable legal requirements of your local tax authority, after which we will not collect sales tax on your purchases in the future.
9) Warranty and other disclaimers.
- We have no special relationship or fiduciary duty to you. You acknowledge that we have no obligation to take any action with respect to:
Yo. which users gain access to the Services;
ii. what Content you access through the Services; either
iii. how you may interpret or use the Content. - You release us from all liability for whether or not you have acquired Content through the Services. We make no representations regarding any Content included in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of any material or Content included in or accessed through the Services. accessed through them.
- THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
- WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTIONS OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR LOSS OF DATA. WE DISCLAIM ALL RESPONSIBILITY FOR ANY DAMAGES CAUSED BY SUCH INTERRUPTION OR ERRORS IN OPERATION, OR FOR THE LOSS OF ANY DATA OR INFORMATION THAT YOU PROVIDE TO rapi.Website. IN ADDITION, WE DISCLAIM ALL RESPONSIBILITY FOR ANY MALFUNCTION, INABILITY TO ACCESS OR BAD CONDITIONS OF USE OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISRUPTIONS RELATED TO INTERNET SERVICE PROVIDERS, WITH THE SATURATION OF THE INTERNET NETWORK AND FOR ANY OTHER REASON.
10) Compensation.
You shall defend, indemnify and hold us, our affiliates and each of their respective employees, contractors, directors, suppliers and representatives harmless from all liabilities, claims and expenses, including reasonable attorneys' fees, arising or relate to your use or misuse of, or access to, the Site, the Services, the Content, or otherwise your User Content, your violation of these Terms of Service, or infringement by you, or any third party using your account or identity on the Services, any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
11) ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:
TO. ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND rapi.Website OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) REGARDING YOUR RELATIONSHIP WITH rapi.Website, INCLUDING WITHOUT LIMITATION ANY DISPUTES RELATING TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES AND/OR PRIVACY AND/OR PUBLICITY RIGHTS WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE SIMPLIFIED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. EFFECTIVE, AND YOU AND rapi.Website HEREBY WAIVE TRIAL BY JURY; HOWEVER, TO THE EXTENT YOU HAVE VIOLATED OR THREATENED TO VIOLATE rapi.Website's INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT. DISCOVERY AND APPEAL RIGHTS IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND rapi.Website WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. ALTERNATIVELY, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THE RULES OF THE SMALL CLAIMS COURT AND IF YOU ARE WITHIN THE JURISDICTION OF SUCH COURT, UNLESS SUCH ACTION IS TRANSFERRED, WITHDRAWN OR APPEALED TO A DIFFERENT COURT. YOU MAY ONLY FILE CLAIMS ON YOUR OWN BEHALF. NEITHER YOU NOR rapi.Website WILL PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION FOR ANY CLAIM COVERED BY THIS ARBITRATION AGREEMENT. YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST rapi.Website, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a general attorney or private representative capacity, or consolidated claims involving another person's account, if rapi.Website is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law relating to arbitration. In the event that JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of the case being filed, rapi.Website or you may elect to have the arbitration administered by the Association. American Arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration will be conducted in the English language. Notwithstanding any provision of applicable law, the arbitrator shall have no authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with your use of the Services or these Terms of Service must be filed within one (1) year after of said claim. of action arose or will be banned forever.
b. 30-day opt-out period. If you do not wish to be bound by the arbitration and class action waiver provisions in this Section 15, you must notify rapi.Website in writing within 30 days of the date you first accept these Terms of Service (unless a longer period may be required by applicable law). Your written notice must be mailed to rapi.Website at the following address: 192 East 3th St., Apt. 2, New Mexico, 10009. If you do not notify rapi.Website in accordance with this Section 15(b), you agree be subject to the class action waiver and arbitration provisions of these Terms of Service, including such provisions in any Terms. of Service revised after the date of its first acceptance. Such notification must include: (i) your name; (ii) your email and postal address and (iii) a statement that you do not wish to resolve disputes with rapi.Website through arbitration. If rapi.Website makes any changes to the Arbitration and Class Action Waiver section of these Terms of Service (other than a change in the address at which we will receive dispute notices, opt-out notices, or rejections of future changes to the Arbitration and Section Waiver of Action Clause), you may reject any change by sending written notice to rapi.Website within 30 days of the change to the address set forth in this Section 15(b). This notice affects these Terms of Service only; If you previously entered into other arbitration agreements with rapi.Website or enter into other such agreements in the future, your notice that you are opting out of the arbitration provision in these Terms of Service will not affect the other arbitration agreements between you. and rapidi.Website.
c. Divisibility. If the prohibition on class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with rapi.Website.
12) Limitation of Liability.
IN NO EVENT WILL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF PROFITS , LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES OR THE AS (REGARDLESS OF SOURCE OF ORIGIN), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE TOTAL) THE GREATER OF (A) fees paid to us for the particular Services during the immediately preceding three (3) months period or (B) $500.00.
13) Applicable Law and Jurisdiction.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Mexico, including its rules on conflicts of laws, and the United States of America. You agree that any dispute arising out of or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts located in Bernalillo County, New Mexico.
14) Modification.
We reserve the right, at our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services (including, without limitation, the availability of any feature, database or content) at any time. by posting a notice on the Site or sending you a notice through the Services, by email or other appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will provide you with timely notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notice of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services in the future. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
15) Various.
TO. Complete agreement and divisibility. These Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) constitute the entire agreement between you and us with respect to the Services, including your use of the Site. , and replace all previous or contemporaneous ones. communications and proposals (whether oral, written or electronic) between you and us regarding the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
c. Assignment. These Terms of Service are personal to you, and may not be assigned, transferred or sublicensed by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
d. Agency. No agency, partnership, joint venture or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
AND. Notices. A menos que se especifique lo contrario en estos Términos de servicio, todas las notificaciones en virtud de estos Términos de servicio se realizarán por escrito y se considerarán debidamente entregadas cuando se reciban, si se entregan personalmente o se envían por correo certificado o registrado, con acuse de recibo; cuando la recepción se confirme electrónicamente, si se transmite por fax o correo electrónico; o el día siguiente a su envío, si se envía para entrega al día siguiente mediante un servicio de entrega al día siguiente reconocido. Las notificaciones electrónicas deben enviarse a plataforma.rw(arroba)rapi.website.
F. No resignation. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
g. Headers. The section and paragraph titles in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact: Puede contactarnos en la siguiente dirección: 4300 RIDGECREST DR SE, SUITE L PMB 1269, RIO RANCHO NM 87124