Terminos y Condiciones

de Servicio

Terms of Service

These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity ("you") and Desmily.com ("Company", "we", "us" or "our"), with respect to to your access to and use of the Desmily.com website, as well as any other related, linked or otherwise related media form, media channel, mobile website or mobile application (collectively, the "Site") . You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED TO USE THE SITE AND YOU MUST IMMEDIATELY STOP USING.

Additional terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notification of each change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been informed and accepted, changes to the revised Terms of Use by your continued use of the Site after the date of posting of such revised Terms of Use.

The information provided on the Site is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use is contrary to law or regulation or subject to any registration requirement within such jurisdiction or country. . Consequently, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, provided that local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “ Content ”) and trademarks, services The trademarks and logos contained therein (the“ Trademarks ”) are owned or controlled by us or licensed to us, and are protected by copyright laws and trademarks, as well as other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Brand may be copied, reproduced, added, republished, uploaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have obtained access solely for your personal, non-commercial use. use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide any false, inaccurate, not current or incomplete information, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any part of it).

Fees and Payments

We accept the following forms of payments: VISA, Master Card, American Express and PayPal. You may need to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate account and purchase information for all purchases made through the Site. Additionally, you agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you when necessary. We bill you through an online billing account for purchases made through the Site. Sales tax will be added to the price of purchases as we deem necessary. We can change the prices at any time. All payments will be made in US dollars. You agree to pay all charges or fees at then-current prices for your purchases, and you authorize us to charge your chosen payment provider for such amounts when you make your purchase. We reserve the right to correct any errors or errors in prices, even if we have already requested or received payment. We also reserve the right to reject any order placed through the Site.

Cancellation

You can cancel your subscription at any time. Your cancellation will take effect at the end of the current paid term. If you are not satisfied with our services, please email us at jvazquez@desmily.com.

Forbidden activities

You may not access or use the Site for any purpose other than what is available. The Site may not be used in connection with any commercial enterprise, except those that are specifically approved or approved by us. As a user of the Site, you agree not to:

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You acknowledge and agree that any questions, comments, suggestions, ideas, comments or other information related to the Site ("Submissions") that you provide to us are not confidential and will become our exclusive property. We will have exclusive rights, including all intellectual property rights, and we will have the right to unrestricted use and disclosure of these Submissions for any legal, commercial or other purpose, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submission and hereby warrant that such Submissions are original to you or that you have the right to submit such Submissions. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

RIGHTS OF THE UNITED STATES GOVERNMENT

Our services are "commercial items" as defined in the Federal Procurement Regulations ("FAR") 2.101. If our services are purchased by or on behalf of any agency that is not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for software) and FAR 12.211 (for technical data). If our services are purchased by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with the Federal Defense Procurement Regulations (“DFARS”) 227.7202 3. Additionally, DFARS 252.227 7015 applies to technical data acquired by DOD. This US government rights clause. It supersedes and supersedes any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violation of these Terms of Use; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access, limit availability, or disable (to the extent technologically feasible) any of your Contributions or any part thereof; (4) at our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are oversized or in any way a burden to our systems; and (5) otherwise administer the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

DURATION AND TERMINATION

These Terms of Use will remain in full force and effect for as long as you use the Site. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, WE DENY ACCESS AND USE OF THE SITE (INCLUDING BLOCKING OF CERTAIN IP ADDRESSES BY ANY PERSON) TO ANY PERSON NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR AGREEMENT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE WEBSITE OR DELETE ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME, WITHOUT WARNING, IN OUR DISCRETION. If we cancel or suspend your account for any reason, you are prohibited from registering and creating a new account in your name, a borrowed or assumed name, or the name of a third party, even if you can act on behalf of a third party. match. In addition to canceling or suspending your account, we reserve the right to take appropriate legal measures, even without limitation, seeking civil, criminal and judicial redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or delete the contents of the Site at any time or for any reason at our sole discretion and without prior notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without prior notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or interruption of the Site. We cannot guarantee that the Site will be available at all times. We may have hardware, software, or other issues or the need for maintenance related to the Site, which may cause interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site at any time or for any reason without prior notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or interruption of the Site. Nothing in these Terms of Use shall be construed to oblige us to maintain and support the Site or to provide corrections, updates, or releases in connection with the Site.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of ILLINOIS that apply to agreements made and that must be fully complied with within the State of ILLINOIS, without regard to its principles of conflict of laws.

CONFLICT RESOLUTION

Mandatory arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except for those Disputes expressly excluded below) will be resolved definitively and exclusively by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SURRIVE YOURSELF IN COURT AND HAVE A JURY TRIAL. The arbitration will be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA Supplemental Procedures for Consumer-Related Disputes (“Consumer Rules of the AAA ”), both available on the AAA website www.adr.org. Your arbitration fees and your share of the arbitrator's compensation will be governed by the AAA Consumer Rules and, where applicable, limited by the AAA Consumer Rules. Arbitration can be conducted in person, through document submission, over the phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator does not do so. Except as required by applicable AAA rules or applicable law, the arbitration will take place in KANE County, ILLINOIS. Unless otherwise provided in this document, the Parties may litigate in court to impose arbitration, suspend pending arbitration proceedings, or confirm, modify, annul, or pass judgment on the award made by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute will be initiated or prosecuted in the state and federal courts located in KANE County, ILLINOIS and the Parties accept and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in said state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

If this provision is determined to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute that falls within the part of this provision that is deemed illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within the courts. listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

RESTRICTIONS

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the extent permitted by law, (a) no arbitration will join any other proceeding; (b) there is no right or authority for a Dispute to be arbitrated on the basis of a class action or to use class action procedures; and (c) there is no right or authority for a Dispute to be presented as a representative on behalf of the general public or any other person.

Exceptions to arbitration

The Parties agree that the following Disputes are not subject to the foregoing provisions regarding binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, hacking, invasion of privacy or unauthorized use; and (c) any claim for precautionary measures. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute that falls within the portion of this provision that is deemed illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within the courts. enumerated jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

FIXES

There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, without prior notice.

RESIGNATION

THE SITE IS PROVIDED AS IS AND AS AVAILABLE. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE STATUS OF PARTICIPATION OF PARTICIPATION OF PARTICIPATION IN PARTICIPATION COUNTRY. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT ON ANY WEBSITES RELATED TO THE SITE AND WE WILL NOT ASSUME ANY LIABILITY OR LIABILITY FOR ANY (1) ERRORS, INACCURACIES, MISTAKES CONTACT 2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION HERE, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY ERRORS, VIRUSES, TROYAN HORSES, OR AS MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND / OR 6 ) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PUBLISHED, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE, REPRESENT, GUARANTEE OR ASSUME LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEB SITE OR ANY MOBILE PUBLISHER OR APPLICATION OR ANY BOOKMARK OR ANY MOBILE PUBLIC APP BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDER OF THIRD PARTY PRODUCTS OR SERVICES. EITHER WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIA OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CARE WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXECUTIVE, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, RESULTS, RESULTS, LOST RESULTS, RESULTS, LOSSES OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE SOME OF THE POSSIBILITY OF SUCH DAMAGES. NO OTHER PART TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ANY CASE AND REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED AT ALL TIMES TO THE LESS OF THE AMOUNT PAID, IF THERE IS ANY PART OF US, OR YOU U.S. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR SOME OF THE ABOVE LIABILITIES OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

COMPENSATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or lawsuit, including reasonable attorneys. 'commissions and expenses, incurred by a third party due to or arising from: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overtly harmful act towards any other user of the Site with whom you connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us, and agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding that is subject to this indemnity upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site in order to manage the performance of the Site, as well as data related to your use of the Site. Although we make regular backup copies of data, you are solely responsible for all data that you transmit or that is related to any activity you have carried out using the Site. You agree that we will not be liable to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You agree to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we send to you electronically, by email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, TO

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Write to me at jvazquez@desmily.com

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