Effective Date: December 10, 2013. Last updated: July 19, 2023. Effective date: May 25, 2018.

 

AGREEMENT BETWEEN USER AND JOSELUISOROPEZA

 

Welcome to my www.joseluisoropeza.com site.

I provide this site to you subject to the following terms of use (“Terms”).

The www.joseluisoropeza.com website (the “Site”) is comprised of various web pages operated by www.joseluisoropeza.com. www.joseluisoropeza.com (“JOSELUISOROPEZA”) is offered to you conditioned on your acceptance without modification of the terms of service, conditions, and notices contained herein (the “Terms”). If you visit or shop at this site, you accept these Terms. Please read them carefully.

 

COPYRIGHT

 

All content included on this site, such as text, graphics, logos, button icons, videos, and images, is my property or the property of my content suppliers and protected by the United States and international copyright laws. All software used on this site is my property or the property of my service provider or its suppliers and protected by the United States and international copyright laws.

ELECTRONIC COMMUNICATIONS

 

Visiting JOSELUISOROPEZA or sending emails to JOSELUISOROPEZA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that I provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. I reserve the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant me a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant me and my sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify me for all claims resulting from content you supply. I have the right but not the obligation to monitor and edit or remove any activity or content. I take no responsibility and assume no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

 

I attempt to be as accurate as possible. However, I do not warrant that product description, services descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product or service is not as described, your sole remedy is to return it in unused condition.

TESTIMONIALS

 

If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) to me, including, without limitation, a Submission about my products or services, such Submission will not be confidential or secret and may be used by me in any manner. By submitting or sending a Submission to me, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission have been waived, and (ii) you grant me a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, at our sole discretion, with or without your name.

 

INTERNATIONAL USERS

The Service is controlled, operated and administered by JOSELUISOROPEZA from my office within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use JOSELUISOROPEZA ’ content accessed through JOSELUISOROPEZA in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.

CLASS ACTION WAIVER

Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JOSELUISOROPEZA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

JOSELUISOROPEZA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JOSELUISOROPEZA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOSELUISOROPEZA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOSELUISOROPEZA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

APPLICABLE LAW

By visiting my site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.

DISPUTES

Any dispute relating in any way to your visit to my site or to products or services sold or distributed by me in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any federal court in Orange County, Florida, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review my other policies, such as my privacy policy, updated and posted on this site. These policies also govern your visit to my site. I reserve the right to make changes to my site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Mailing address: JOSE LUIS OROPEZA 7512 Dr. Phillips Blvd. Suite 50-711 Orlando, Florida 32819

Last updated: July 19, 2023. Effective date: May 25, 2018.

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