Terms of use.
These terms and conditions ("Terms of Use") govern your access to and use of https://www.doradocares.org/ (the "Site," including all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Site ("Content")). This is an agreement between you or the entity you represent ("you") and DORADO CARES INC., a Puerto Rico corporation with offices located at 875 Carr 693 Suite 103 Dorado PR 00646 ("DORADO CARES," "we," "us," or "our"). DORADO CARES is willing to grant access to and use of the Site to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.
BY ACCESSING OR USING ANY OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITE AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. All such modifications and changes shall apply to your access and use of the Site and Content from and after such modifications and changes are posted at https://www.doradocares.org/. Your continued access to and use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Please review the most current version of these Terms of Use at any time at https://www.doradocares.org/.
USE OF SITE
You may access and use the Site solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and DORADO CARES policies applicable to the access and use of the Site, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition you will not:
Access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site, including through the use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, including by hacking, password "mining" or any other illegitimate means.
Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any donor or volunteer of DORADO CARES, including but not limited to personal identification or information.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or DORADO CARES's systems or networks, or any systems or networks connected to the Site or to DORADO CARES.
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or with any other person's use of the Site.
Distribute viruses or any other technologies that may harm DORADO CARES or the interests of property any other person or entity, including any other user of the Site.
Circumvent or manipulate our donation structure.
Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to DORADO CARES on or through the Site.
Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Use the Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DORADO CARES or others.
INTELLECTUAL PROPERTY RIGHTS
Except to the extent expressly provided in these Terms of Use under the heading "Grant of License", you agree and acknowledge:
That DORADO CARES owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide ("Intellectual Property Rights") in connection with or relating to the Site and Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content or contained on the Site ("DORADO CARES IP").
That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to the Site or Content.
DORADO CARES owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to DORADO CARES IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in DORADO CARES, including without limitation assigning (and you hereby assign) to DORADO CARES all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to the Site or Content.
No part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without DORADO CARES's express prior written consent.
That all marks that appear throughout the Site and Content belong to DORADO CARES, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of such marks without the express written consent of DORADO CARES or the owner of the mark, as appropriate, is strictly prohibited.
DORADO CARES may, at its sole discretion, disable and terminate access to the Site and Content by any persons or entity that may be infringing the Intellectual Property Rights of DORADO CARES or others.
GRANT OF LICENSE
DORADO CARES grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Site solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:
Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Site or Content.
Sublicense, lease, sell, rent, loan, or otherwise transfer the Site or Content to any third party.
Reverse engineer, de compile, disassemble, or otherwise attempt to derive the source code for the Site or Content.
Otherwise use or copy the Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
Use the Site or Content in a "service bureau" or similar structure whereby third parties obtain use of the Site or Content through you.
Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Site or Content.
COPYRIGHT AGENT
DORADO CARES respects the rights of all copyright holders and in this regard, DORADO CARES has adopted and implemented a policy that provides for the removal from its Site of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DORADO CARES's Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DORADO CARES's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Mr. Richard Higgs
875 Carr 693 Suite 103
Dorado, PR 00646
SUBMISSIONS
Do not use this Site as a means of submitting information you consider to be proprietary. DORADO CARES does not claim ownership of the materials you provide to DORADO CARES (including feedback and suggestions) or post, upload, input or submit to the Site. Nevertheless, by posting, uploading, inputting, providing, or submitting such materials you are granting DORADO CARES permission to use it including, without limitation, the rights to copy, distribute, transmit, publicly display, or perform, reproduce, edit, translate, and reformat the material and to publish your name in connection with it. No compensation will be paid with respect to the use of your material, as provided herein. By posting, uploading, inputting, providing, or submitting your material you warrant and represent that you own or otherwise control all the rights to your material as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit.
PRIVACY
Information collected by us is subject to the Privacy Policy available at [insert link]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
INTERACTIVE FORUMS AND USER MATERIALS
The Site may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:
Upload to, distribute or otherwise publish through the Site any message, data, information, text or other material ("User Materials") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
Without DORADO CARES's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
DORADO CARES takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, DORADO CARES is only a forum and is not liable for any statements, representations, or User Materials provided by its users.
DORADO CARES has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. DORADO CARES may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. DORADO CARES reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.
You shall remain solely liable for of any messages or other User Materials you upload or transmit to the Site, including the discussion forums or interactive areas of the Site.
NO WARRANTIES
DORADO CARES, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE " DORADO CARES PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DORADO CARES PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITE AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITE AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.
LIMITATION OF LIABILITY; REMEDY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE DORADO CARES PARTIES BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF DORADO CARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL DORADO CARES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO DORADO CARES WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE SITE AND CONTENT.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless each of the DORADO CARES Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of the Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the DORADO CARES Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
TERMINATION
DORADO CARES, in its sole discretion, may terminate your right to access or use the Site and Content at any time for any reason. The license granted herein will automatically terminate without further action of DORADO CARES if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Site and Content and destroy all copies, full or partial, of all Confidential Information. At DORADO CARES’s request, you will provide DORADO CARES with a written statement signed by you or your duly authorized representative certifying that all Confidential Information has been so destroyed. The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Confidentiality, Import and Export Compliance, Contractual Statute of Limitations, and Choice of Law; Severability shall survive the termination of these Terms of Use.
LANGUAGE
Certain text in the Site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and DORADO CARES makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.
UPDATING SITE
We reserve the right, in our sole discretion, to change the Site and Content at any time without notice, including the removal of the Site and Content. As new or enhanced versions of the Site are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by DORADO CARES, any new or enhanced versions of the Site and Content are subject to the terms of these Terms of Use.
THIRD-PARTY MATERIALS
The Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that DORADO CARES is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. DORADO CARES does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at their own risk and subject to such third parties’ terms and conditions. You will need to make your own independent judgment regarding your interaction with these Third-Party Materials and links.
CONTRACTUAL STATUTE OF LIMITATIONS
You agree that you will not assert against DORADO CARES any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.
DISPUTE RESOLUTION
In the event of any controversy or claim relating in any way to your use of the Site or Content, or otherwise arising out of or relating to these Terms of Use, the parties shall communicate and negotiate with each other and attempt to reach a solution satisfactory to both parties. If the parties do not reach an agreement within a 60-day period, any unresolved controversy or claim arising out of or relating to these Terms of Use or the Site will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: DORADO CARES LLC, 875 Carr 693 Suite 103 Dorado, PR 00646. The arbitration will take place in Dorado, PR in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures. Your request for arbitration must be post marked within the time period specified above under "Contractual Statute of Limitations." In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The arbitration panel shall consist of one individual appointed by DORADO CARES and you. Such individual shall (i) have been selected from the AAA's list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the Dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the Dispute. If DORADO CARES and you fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA. Such office shall, within five days after notice by any party to these Terms of Use, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph. The arbitrator shall render its decision as soon as reasonably possible after its appointment and must follow the terms described herein.
This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction.
The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party.
CHOICE OF LAW; SEVERABILITY
These Terms of Use shall be governed by the laws of Puerto Rico (regardless of the laws that might be applicable under its principles of conflict of laws). If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision.
We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of Puerto Rico and of the United States. If any Content or User Materials on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
WAIVER
The failure of DORADO CARES to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DORADO CARES in writing.
ENTIRE AGREEMENT
These Terms of Use constitutes the entire agreement between you and us with respect to the Site, and Content and supersedes and replaces all prior agreements. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.
INQUIRIES
Should you have any questions concerning these Terms of Use, write to info@doradocares.org, or DORADO CARES LLC, Carr 693 Suite 103 Dorado, PR 00646.