This User Agreement constitutes the relationship between you, THE CLIENT and “Globalcorpsa.com,” THE BUSINESS. This agreement is ruled by the laws of the Republic of Costa Rica regardless of the conflict that emanates from suchsaid legal provisions. Through this agreement, you, THE CLIENT, accepts to revoke any and all jurisdictions other than the Republic of Costa Ria and to accept for THE BUSINESS and THE CLIENT the Costa Rica jurisdiction. If you live in a different territory, state or country and cannot or chooses not to accept the terms of service below described, DO NOT USE THE SERVICES AND / OR ACCESS THIS WEB SITE. DO NOT USE THIS WEB SITE UNLESS YOU ABIDE TO THE LEGAL FORUM, JURISDICTION AND COURTS OF COSTA RICA.
1. ACCEPTANCE OF TERMS
You may use any of the services of “Globalcorpsa.com” accessed through this website upon your completion of a registration, but your use of any of these Services are subject to the following terms of this agreement (the “User Agreement”), which may be updated by us from time to time without notice to you, by our posting the changes in a special section of our website, and us providing a link to the changes on the home page of the website. You can review the most current version of the User Agreement at any time at: http://www.globalcorpsa.com/index.php/terms-of-use/ In addition, when using particular “Globalcorpsa.com” owned or operated services, you and “Globalcorpsa.com” owned or operated services, you and “Globalcorpsa.com” will be subject to any guidelines or rules applicable to such services which are then in effect, as incorporated by reference into the User Agreement. Your use of any Service on any day constitutes an acceptance of all of the terms in the User Agreement posted on the website on such day.
2. DESCRIPTION OF SERVICES
“Globalcorpsa.com” provides through this website access to general company information, exclusive legal information, online legal services, online booking services and online business consulting services for registered users (the “Services”). The Services may include advertisements and you agree that such advertisements are necessary for “Globalcorpsa.com” to provide the services cost effectively. You also agree that the Services may, from time to time, include electronic communications from “Globalcorpsa.com,” such as infrequent service announcements and administrative messages. You agree to accept such communications as part of “Globalcorpsa.com” membership and you will not be able to opt out of receiving them, in part because they may contain information necessary for your continued effective use of the website. There also may be other electronic communications such as newsletters regarding specific topics that you may be able to opt out of their receipt. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new functionality, shall be subject to this User Agreement.
The Services may require use of data and information compiled from sources whom “Globalcorpsa.com” does not control and whose information has not been independently investigated or verified. As more fully explained in Section 15, You agree that all Services are and will be provided “AS-IS” ant that “Globalcorpsa.com” shall have no responsibility for the timeliness, deletion, or misdelivery of any communications, for the failure to store any user communications or personalization settings, or to investigate the accuracy of the content obtained from third parties. You are solely responsible for obtaining access to the Internet to access the Service and such Internet access may involve third party fees (such as Internet service provider or airtime charges). Unless we have agreed in a separate agreement to obtain access for you to the Internet, “Globalcorpsa.com” will not be responsible for any of those fees, including any fees based on the volume of content delivered or airtime, notwithstanding that some or a substantial part of such content or airtime may be used for the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment and software necessary to access the Service.
By using the Service and completing the registration profile, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current and incomplete, or “Globalcorpsa.com” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “Globalcorpsa.com” has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. MEMBER CONDUCT
All text, graphics, photographs, graphs, sounds, data, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, and the arrangement and compilation of this information (collectively, “Information“), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Information originated. This means that you, and not “Globalcorpsa.com,” are entirely responsible for all Information that you upload, post, e-mail, transmit or otherwise make available via the Service. “Globalcorpsa.com” does not control the Information posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Information. You understand that by using the Service, you may be exposed to Information that is offensive, indecent or objectionable. Under no circumstances will “Globalcorpsa.com” be liable in any way for any Information, including but not limited to, for any errors or omissions in any Information, or for any loss or damage of any kind incurred as a result of the use of any Information posted, e-mailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, e-mail, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a “Globalcorpsa.com” official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
e. upload, post, e-mail, transmit or otherwise make available any Information that you do not have a right to make available under any law or contract (including anything that would be considered to be inside information under securities law, or the proprietary and confidential information of anyone else);
f. upload, post, e-mail, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright, likeness, personality or other proprietary rights (“Intellectual Property Rights”) of any party;
g. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “spam,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service of servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. violate any applicable local, state, national or international law, including but not limited to, U.S. or state securities law or any regulations promulgated under such laws, any rules of any national or regional stock or other securities exchange, and any other regulations having the force of law;
k. “stalk” or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that “Globalcorpsa.com” and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Information that is available via the Service. Without limiting the foregoing, “Globalcorpsa.com” and its designees shall have the right to remove any Information that violates the User Agreement or is otherwise objectionable. You bear all risks associated with the use of any Information, including any reliance on the accuracy, completeness, or usefulness of such Information.
You acknowledge, consent and agree that “Globalcorpsa.com” may access, preserve, and disclose your account information and any Information you post via the Services if required to do so by law or in good faith to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Information violates the rights of third-parties; (d) respond to your requests for customer service; (e) protect the rights, property, or personal safety of “Globalcorpsa.com,” users and the public.
You understand that the technical processing and transmission of the Service, including your Information, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by “Globalcorpsa.com” and/or content providers who provide Information to the Service. You may not attempt to override any of the usage rules embedded into the Service. Any unauthorized reproduction, publication or further distribution of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold “Globalcorpsa.com” and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to arising out of Information you submit, post, transmit or make available through the Service; your use of the Service, your connection to the Service, your violation of the User Agreement, or your breach of any Intellectual Property Rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your “Globalcorpsa.com” User I.D., use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that “Globalcorpsa.com” may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Information will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service and the maximum disk space that will be allotted on “Globalcorpsa.com” servers on your behalf. You agree that “Globalcorpsa.com” has no responsibility or liability for the deletion or failure to store any messages and other communications or other Information maintained or transmitted by the Service.
You acknowledge that “Globalcorpsa.com” reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that “Globalcorpsa.com” reserves the right to modify these general practices and limits from time to time.
10. MODIFICATIONS TO SERVICE
“Globalcorpsa.com,” at any time and from time to time, may modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that “Globalcorpsa.com” shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that “Globalcorpsa.com” may, immediately terminate your “Globalcorpsa.com” account and access to the Service for Cause without any notice. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. You agree that all terminations of cause shall be made in the sole discretion of “Globalcorpsa.com” and that “Globalcorpsa.com” shall not be liable to you or any third-party for any termination of your account, any associated e-mail address, or access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that “Globalcorpsa.com” shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers of the Service.
The Service may provide, or third parties may provide, links to other World Wide websites or resources. Because “Globalcorpsa.com” has no control over such sites and resources, you acknowledge and agree that “Globalcorpsa.com” is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that “Globalcorpsa.com” 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 use of or reliance on any such Information, goods or services available on or through any such site or resource.
14. PROPRIETARY RIGHTS OF “GLOBALCORPSA.COM”
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information and represent the Intellectual Property Rights of “Globalcorpsa.com” that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Information contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights laws protect information presented to you through the Service or advertisers. Except as expressly authorized by “Globalcorpsa.com” or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
“Globalcorpsa.com” grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Service on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell assign, sublicense, grant a security interest in or otherwise transfer any right of the Service. You agree not to modify the algorithm for the Service in any manner or form, or to use modified versions of it, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree no to use the Service by any means other than through the interface that is provided by “Globalcorpsa.com” for access to the Service.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. “GLOBALCORPSA.COM” EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
b. “GLOBALCORPSA.COM” MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE ALGORITHM WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. “GLOBALCORPSA.COM” MAKES NO WARRANTY THAT ANY MATERIAL DOWNLOADED IS FREE OF ANY VIRUS, WORM, SPYWARE OR OTHER HARMFUL SOFTWARE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU ARE RESPONSIBLE TO OBTAIN AND MAINTAIN AN EFFECTIVE ANTI-VIRUS SOFTWARE.
d. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM “GLOBALCORPSA.COM” OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT “GLOBALCORPSA.COM” SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF “GLOBALCORPSA.COM” HAS BEEN ADVISED OR THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
“GLOBALCORPSA.COM” may provide you with notices, including those regarding changes to the User Agreement, by either e-mail, regular mail, or postings on the Service. You expressly agree to accept notice by any of those methods, and that you will keep “Globalcorpsa.com” informed of your current valid e-mail address.
18. TRADEMARK INFORMATION
The “Globalcorpsa.com” logo, trademarks and service marks and other marks that are from time to time, used by “Globalcorpsa.com” as a logo for product and service names are trademarks of GLOBALCORP LEGAL AND TECHNICAL CONSULTING SERVICES (FLORIDA, U.S.A.) and GLOBALCORP S.A. (SAN JOSE, COSTA RICA, CENTRAL AMERICA) “Globalcorpsa.net Marks.” Without “Globalcorpsa.com” prior permission, which “Globalcorpsa.com” is under no obligation to provide, you agree not to display or use in any manner the “Globalcorpsa.com Marks.”
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
“Globalcorpsa.com” respects the Intellectual Property Rights of others, and we ask our users to do the same. “Globalcorpsa.com” may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who appear to be infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been trespassed, please provide the Agent of “Globalcorpsa.com” the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim to be infringing is located on the site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The “Globalcorpsa.com” Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Regus Business Center
20. GENERAL INFORMATION
No Third Party Beneficiaries. Except as otherwise expressly provided in this User Agreement, this User Agreement is intended solely for the benefit of You and “Globalcorpsa.com,” and no third party is intended to be able to enforce or otherwise be considered a beneficiary to this User Agreement.
Entire Agreement. The User Agreement constitutes the entire agreement between you and “Globalcorpsa.com” and governs your use of the Service, superceding any prior agreements between you and “Globalcorpsa.com.” You also may be subject to additional terms and conditions that may apply when you use or purchase certain other “Globalcorpsa.com” services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The User Agreement and the relationship between you and “Globalcorpsa.com” shall be governed by the laws of the Republic of Costa Rica without regard to its conflict of law provisions. You and “Globalcorpsa.com” agree to submit the personal and exclusive jurisdiction of the courts located within the FIRST DISTRICT COURT OF SAN JOSE. This is true even if you live in a different state or country. DO NOT USE THE SERVICES OR ACCESS THE WEBSITE IF YOU CANNOT AGREE TO THIS CHOICE OF LAW AND FORUM.
Waiver and Severability of Terms. The failure of “Globalcorpsa.com” to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the intention of the parties as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.
Statute of Limitations. You agree that your “Globalcorpsa.com” account is non-transferable and any rights to your “Globalcorpsa.com” I.D. or Information within your account terminate upon your death. If “Globalcorpsa.com” receives a copy of your death certificate, your account may be immediately terminated and all contents therein permanently deleted.
Statute of Limitations. Any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Titles. The section titles in the User Agreement are for convenience only and have no legal or contractual effect