BY ENTERING WWW.RUMCAPITAL.COM (THE “SITE”), YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR UNDERSTANDING OF AND AGREEMENT TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. THE LEGAL INFORMATION AND TERMS AND CONDITIONS SET FORTH BELOW ARE APPLICABLE TO ALL PAGES OF THE SITE.
1. General User Site Restrictions
1. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE OF LEGAL DRINKING AGE IN YOUR DOMICILE AND/OR PLACE OF RESIDENCE. IF YOU ARE NOT OF LEGAL DRINKING AGE IN YOUR DOMICILE AND/OR PLACE OF RESIDENCE YOU ARE NOT AUTHORIZED TO BROWSE THE SITE, NOR PARTICIPATE IN PROMOTION AND/OR OFFERS MADE IN THE SITE.
2. All information and materials on this Site, including but not limited to, text, trademarks, logos, advertisements, wallpapers, videos, audio, graphics and images related to, but not limited, to Rums of Puerto Rico and other forms of intellectual property (the “Materials”), are the copyrighted works and/or intellectual property of the Department of Economic Development and Commerce (“DDEC”), the Puerto Rico industrial Development Company (“PRIDCO”), and the Rums of Puerto Rico program (“ROPR”) and third parties who have authorized use of the Materials on this Site. The DEDC/PRIDCO are the copyright owners of the Site and the Materials. DEDC/PRIDCO only grant you the limited right to display the Materials on your personal computer or personal wireless device, and to copy and download such Materials provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied or downloaded as part of the Materials, and is not removed or obscured and (2) such display, copy or download is used solely for your personal information (3) such display, copy or download does not delete or change any copyright or trademark. The Materials may not be distributed, transmitted, displayed or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter or enhance any of the Materials in any manner. This limited right terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited right of display, User agrees to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title or interest in or to the Materials other than the aforementioned limited right of display. You acknowledge and agree that Rums of Puerto Rico name, brand names, trademarks, logos, sounds, graphics, charts, text, video, images of places or people, and other materials represented on this Site are owned or licensed by DEDC/PRIDCO. Your use of these Materials, except for the aforementioned limited right to display them, is prohibited unless you have obtained prior written approval from DEDC/PRIDCO. DEDC/PRIDCO will enforce its intellectual property rights to the full extent available at law.
2. Third Party Content
1. There may be links established between this Site and other sites on the World Wide Web or Internet which may or may not be under the control of or maintained by DEDC/PRIDCO. Such links do not necessarily constitute an endorsement of those sites. DEDC/PRIDCO undertakes no obligation to monitor such sites, and User agrees that DEDC/PRIDCO is not responsible for the content of such sites or any technical or other problems associated with any such third-party Site, Links or usage.
2. You further agree that in the event you establish a link from any other site to the Site, you will immediately discontinue such link upon receiving written notice from DEDC/PRIDCO/ROPR of its objection to any such link.
3. Changes in Terms and Conditions and Changes in the Site
1. DEDC/PRIDCO may modify this Site and/or the User Agreements/Policies connected with them at any time, without notice and in its sole discretion. It is the responsibility of each User to monitor such changes and to determine whether or not to continue to access and use the Site based upon any such changes.
4. Conditions for Use of the www.therumstandard.com Site
1. You acknowledge and agree that the use of the Site is at your own risk. DEDC/PRIDCO has no liability for any errors or omissions in the Site, including in the Materials, whether provided by DEDC/PRIDCO or third parties, or any direct, indirect, incidental, consequential, or punitive damages or any losses, costs, or expenses of any kind (including legal fees, experts’ fees, or other disbursements which may arise directly or indirectly, through the access to, the use of, or the browsing in this Site or through your downloading of any materials, text, data, images, video, or audio from this Site, including but not limited to anything caused by any viruses; bugs, human actions; inaction of any computer system; hardware, software, or program malfunctions; phone line failures or any other errors, failures or delays in the network connection or transmission. You further acknowledge and agree that DEDC/PRIDCO makes no warranty or representation as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise) and that DEDC/PRIDCO shall have no liability for any unavailability of or inaccuracy in the Site or the Materials.
2. You will bear all risk associated with any content that you access. Your accessing of any content made available by or through DEDC/PRIDCO/ROPR and third parties is subject to your agreement to this provision and these Terms and Conditions.
5. Notice
1. THIS SITE AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, DEDC/PRIDCO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. DEDC/PRIDCO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE, INCLUDING BUT NOT LIMITED TO, RECIPES, RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. DEDC/PRIDCO SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE 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 MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL DEDC/PRIDCO, THE GOVERNMENT OF PUERTO RICO, DIRECTORS, OFFICERS, CONSULTANTS AND EMPLOYEES, SHALL BE HELD LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SITE OR ITS ASSOCIATED PRODUCTS, AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF DEDC/PRIDCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
6. Jurisdiction, Dispute Resolution and Choice-of-Law
1. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, at the election of the initiating party, shall be settled either by the courts of the State of Puerto Rico or the United States District Court of the Puerto Rico, where applicable. Each party agrees to personal jurisdiction in any of these forums for dispute resolution and will not challenge the service of process, the legal authority or the jurisdiction of any proceedings.
7. Attorney’s Fees
1. In any action or proceeding between or among the parties here to interpret or enforce any of the provisions hereof, the prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable attorneys’ fees and costs.
8. Indemnities
By using this Web site User agrees to indemnify and defend DEDC/PRIDCO, the Government of Puerto Rico, affiliates, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from User’s misuse of this Service.
9. Entire Agreement; Severability; No Unintentional Waiver
This Agreement, including the Site’s Privacy Policy, constitutes the entire general User agreement between User and DEDC/PRIDCO and supersedes any prior agreements or understandings between User and DEDC/PRIDCO.
10. Questions, Comments or Notices
If you have questions, comments or notices about this User Agreement, please contact us in writing at the address below.
