Pedro’s List, SA de CV (“Pedro’s List”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Pedro’sList websites, mobile applications, and services.
ACCEPTANCE OF TERMS
The Pedro’s List Internet site available at www.pedroslist.mx, the
Pedro’s List mobile application, all related sites and mobile
applications, and the various content, features, and services
offered on and in connection with these sites and applications,
(collectively, the “Sites and Services”) are owned and operated by
Pedro’s List and can only be accessed and used by you under the
Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING,
DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO
BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE
SITES AND SERVICES.
MODIFICATIONS OF TERMS OF USE
Pedro’s List may, in its sole
discretion, modify these Terms of Use at any time effective upon
posting the modified Terms of Use on and in connection with the
Sites and Services, with or without additional notice to you.
You are responsible for regularly reviewing information posted
on the Sites and Services to obtain timely notice of such
changes. If you do not agree to the amended terms, you agree to
immediately stop using the Sites and Services and to provide
Pedro’s List notice to remove you from any distribution lists or
other communication list that are available to you through your
use of the Sites and Services. YOUR CONTINUED USE OF THE SITE
AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY)
MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF
USE.
USE OF THE SITE AND SERVICES
Subject to full compliance with these
Terms of Use, Pedro’s List grants authorized users a
nonexclusive, nontransferable, nonsublicensable, terminable
license to access and use the Sites and Services for your
personal use. You agree to not access, reproduce, duplicate,
copy, sell, re-sell, modify, distribute, transmit, or otherwise
exploit the Sites or Services or any of their content for any
purpose except for your personal use and as described in these
Terms of Use, without the express written consent of Pedro’s
List. Pedro’s List may modify, update, suspend or discontinue
the Sites and Services, in whole or in part, at our sole
discretion for any or no reason, at any time and with or without
notice. Pedro’s List shall not be liable to any user or other
third party for any such modification, update, suspension or
discontinuance.
USER CONDUCT
As a condition of your access and use of
the Sites and Services and your submission or access to any
ratings, reviews, communications, information, data, text,
photographs, audio clips, audiovisual works, or other materials
on the Sites and Services (collectively, the “Content”), you
agree not to use the Sites and Services for any purpose that is
unlawful or prohibited by these Terms of Use, or any other
purpose not reasonably intended by Pedro’s List. By way of
example, and not as a limitation, you agree not to:
- violate these Terms of Use, other
applicable agreement with Pedro's List, and any applicable
local, state, national or international law, and any rules and
regulations having the force of law;
- use the Sites and Services in any
manner that violates any relevant law or that infringes,
misappropriates or violates any third party’s rights,
including, but not limited to, transmitting any Content that
may infringe, misappropriate or violate a third party’s rights
of publicity, contractual rights, fiduciary rights or
intellectual property rights;
- use the Sites and Services or its
Content for any purposes not authorized by these Terms of Use,
including commercial, political, or religious purposes,
including the submission or transmission of any Content that
contains advertisements, promotional materials, junk mail, or
any other form of solicitation;
- reproduce, duplicate, copy, modify,
sell, re-sell or exploit any Content or the Sites and Services
for any commercial, educational, or any other non-personal
purpose or any for any purpose unrelated to your personal
purchasing decisions, without the express written consent of
Pedro's List, which consent may be withheld by Pedro's List in
our sole discretion;
- post irrelevant content, repeatedly
post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our
infrastructure, interfere or attempt to interfere with the
proper working of the Sites and Services or any activities
conducted on the Sites and Services;
- harass, threaten, intimidate,
impersonate, or attempt to impersonate, any other person,
falsify your contact or other information, misrepresent a
relationship with any person or entity, including
misrepresenting a relationship with Pedro's List, or otherwise
attempt to mislead others as to the identity of the sender or
the origin of a review or rating;
- knowingly provide or submit false or
misleading information;
- use the Sites and Services if you are
under the age of eighteen (18);
- take any action that would undermine
the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to
the Sites and Services, other user accounts, or other computer
systems or networks connected to the Sites and Services;
- use the Sites and Services in any way
that could interfere with the rights of Pedro's List or the
rights of other users of the Sites and Services;
- attempt to gain unauthorized access to
any portion or feature of the Sites and Services, or any other
systems or networks connected to the Sites and Services or to
any server used by Pedro's List by hacking, password ‘mining’
or any other illegitimate or unauthorized means, including
attempting to obtain password, account, or any other personal
or private information from any other Sites and Services user;
- sell, share, or otherwise transfer
your account username, password, other information, or your
rights or obligations under these Terms of Use;
- transmit or submit any transmission or
other materials that are encrypted or that contains viruses,
Trojan horses, worms, time bombs, spiders, cancelbots or other
computer programming routines that is likely or intended to
damage, interfere with, disrupt, impair, disable or otherwise
overburden the Sites and Services;
- access, download, monitor, or copy any
information contained on our Sites and Services through
artificial means (including but not limited to use any
‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic
device, program, algorithm or methodology, or any similar or
equivalent automatic or manual process, or in any way
reproduce or circumvent the navigational structure or
presentation of the Sites and Services or any content, to
obtain or attempt to obtain any Content, materials, documents
or information through any means not purposely made available
through the Sites and Services; or
- probe, scan or test the vulnerability
of the Sites and Services or any network connected to the
Sites and Services, nor breach the security or authentication
measures on or of the Sites and Services or any network
connected to the Sites and Services. You may not reverse
look-up, trace or seek to trace any information on any other
user of the Sites and Services, or any other customer of
Pedro's List, including any Pedro's List account not owned by
you, to its source, or exploit the Sites and Services or any
service or information made available or offered by or through
the Sites and Services, in any way where the purpose is to
reveal any information, including but not limited to personal
identification or information other than your own information,
except as expressly authorized by Pedro's List and provided
for by the Sites and Services.
PEDRO'S LIST'S SERVICES
When using, accessing, or purchasing
particular services or features of the Sites and Services, you
shall be subject to any posted agreements, guidelines, or rules
applicable to such services or features that may be posted from
time to time. All such agreements, guidelines, or rules are
hereby incorporated by reference into the Terms of Use.
REGISTRATION INFORMATION
We may require that you create an
account to use or access certain parts of the Sites and Services
and use certain products and features. We may require that you
provide login information such as a username and password to
access and utilize your account. As a condition of your use of
the Sites and Service, you agree to (a) provide Pedro's List
with true, accurate, current and complete information as
prompted by the Pedro's List’s registration forms, when
registering for or using the Sites and Services and (b) update
and maintain the truthfulness, accuracy and completeness of such
information. You are responsible for maintaining the
confidentiality of any password or other account information not
generally available to others and are fully responsible for all
activities that occur under your username and password. While
there are limited, legitimate reasons for creating multiple
accounts, creating serial or overlapping accounts may result in
account termination. Please contact us if you have questions
about managing multiple accounts.
SUBMITTING CONTENT
As a condition of submitting any
Content or other materials to the Sites or Services, you agree
that:
- you grant to Pedro's List a royalty
free, perpetual, irrevocable, worldwide, nonexclusive,
transferable, and sublicensable license to use, reproduce,
copy, adapt, modify, merge, distribute, publicly display,
create derivative works from, incorporate such Content into
other works;
- you grant to Pedro's List all rights
necessary to publish or refrain from publishing your name and
address in connection with your Content; sublicense through
multiple tiers the Content, and acknowledge that this license
cannot be terminated by you once your Content is submitted to
the Sites and Services;
- you grant to Pedro's List all rights
necessary to prohibit the subsequent aggregation, display,
copying, duplication, reproduction, distribution, or
exploitation of your Content by any other party;
- your name and report information may be
made available to the public and to the Service Providers on
which you report;
- you represent that you own or have
secured all legal rights necessary for the Content submitted
by you to be used by you, Pedro's List, and others as
described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each
person identified, depicted, or shown in in your Content, if
any, (and if a minor, the parent or guardian of the minor) has
provided consent to the use of the Content consistent with
these Terms of Use;
- you are solely responsible for your
reviews and ratings;
- Pedro's List may, in its sole
discretion, choose to remove or not to remove reviews and
ratings once published;
- you will not submit any reviews that
may be considered by Pedro's List to be infringing, harassing,
libelous, abusive, threatening, obscene, profane, hateful,
offensive, harmful, vulgar, distasteful, defamatory, or
otherwise violates any relevant law or right of any other
party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will
either be based upon (i) your actual first-hand experiences
with the Service Providers you are reviewing or (ii) as
provided below, an individual and that individual’s actual
first-hand experience with a health care or wellness provider
whereby you have the legal authority to disclose such health
information and experience of such individual;
- all of your reviews and ratings of the
Service Providers that you are rating will be accurate,
honest, truthful, and complete in all respects;
- you do not work for, own any interest
in or serve on the board of directors of, any of the Service
Providers for which you submit reviews and ratings; you are
not in any way related (by blood, adoption or marriage, if the
Service Provider is an individual) to any of the Service
Providers for which you submit reviews or ratings;
- you have not received any form of
compensation to post reviews and ratings;
- you will submit thorough and thoughtful
reviews of the Service Providers you review (for example,
submitting a review describing a service contractor as “He/She
is great.” Without additional commentary is not a thorough and
thoughtful review);
- you will not submit reviews that
comment on other users or the reviews of other users;
- you will not submit reviews with
hyperlinks; or
- the reviews and ratings that you
provide do not reflect the views of Pedro's List, its
officers, managers, owners, employees, agents, designees or
other users.
PUBLICATION AND DISTRIBUTION OF CONTENT
Pedro's List does not guarantee the
accuracy, integrity, quality or appropriateness of any Content
transmitted to or through the Service. You acknowledge that
Pedro's List simply acts as a passive conduit and an interactive
computer service provider for the publication and distribution
of Content and for the publication and distribution of any
content posted by Service Providers in response to Content
(“Service Provider Content”).
You understand that all Content and
Service Provider Content posted on, transmitted through or
linked through the Service, are the sole responsibility of the
person from whom such Content originated. You understand that
Pedro's List does not control, and is not responsible for
Content or Service Provider Content made available through the
Service, and that by using the Service, You may be exposed to
Content that is inaccurate, misleading, or offensive. You agree
that You must evaluate and make Your own judgment, and bear all
risks associated with, the use of any Content and Service
Provider Content.
You further acknowledge that Pedro's
List has no obligation to screen, preview, monitor or approve
any Content or Service Provider Content, or Content posted or
submitted by any other Pedro's List member or any Service
Provider. However, Pedro's List reserves the right to review and
delete any Content that, in its sole judgment, violates the
terms and conditions of this Agreement.
By using the Service, You agree that it
is solely YOUR RESPONSIBILITY to evaluate Your risks to bear
associated with the use, accuracy, usefulness, completeness or
appropriateness of any Content that You submit, receive, access,
transmit or otherwise convey through the Service. Under no
circumstances will Pedro's List be liable in any way for any
Content or Service Provider Content, including, but not limited
to, any Content or Service Provider Content that contains any
errors, omissions, defamatory statements, or confidential or
private information (including, but not limited to, health
information) or for any loss or damage of any kind incurred as a
result of the use of any Content or Service Provider Content
submitted, accessed, transmitted or otherwise conveyed via the
Service. You waive the right to bring or assert any claim
against Pedro's List relating to Content or Service Provider
Content, and release Pedro's List from any and all liability for
or relating to any Content or Service Provider Content.
You may, however, report Content that
you believe violates these Terms of Use or is otherwise unlawful
by sending an email to helpdesk@angieslist.com (for copyright
complaints, please see below). Please note that you may be
liable for damages (including costs and attorneys’ fees) for
unlawful misrepresentations. If you are uncertain whether an
activity is unlawful, we recommend seeking advice of an
attorney.
You agree that Pedro's List may
establish general practices, policies and limits, which may or
may not be published, concerning the use of the Sites and
Services, including without limitation, the time that reviews
and ratings will be retained, the maximum number of reviews and
ratings that may be sent from an account, the length of reviews
and ratings sent, and the maximum number of times and the
maximum duration for which you may access the Sites and Services
in a given period of time.
You agree that Pedro's List has no
responsibility or liability for the deletion or failure to store
any Content or other materials maintained or transmitted by or
through the Sites and Services. You agree that Pedro's List has
the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
SERVICE PROVIDERS
Pedro's List does not endorse and is
not responsible or liable for any Content, data, advertising,
products, goods or services available or unavailable from, or
through, any third party or Service Provider (which includes,
but is not limited to, health care and wellness providers). You
agree that should you use or rely on such Content, data,
advertisement, products, goods or services, available or
unavailable from, or through any third party or Service Provider
(which includes, but is not limited to, health care and wellness
providers), Pedro's List is not responsible or liable,
indirectly or directly, for any damage or loss caused or alleged
to be caused by or in connection with such use or reliance.
Your dealings with, or participation in promotions of any Service
Provider (which includes, but is not limited to, health care and
wellness providers), and any other terms, conditions,
representations or warranties associated with such dealings, are
between you and such Service Provider (which includes, but is
not limited to, health care and wellness providers) exclusively
and do not involve Pedro's List. You should make whatever
investigation or other resources that you deem necessary or
appropriate before hiring or engaging Service Providers.
Third parties and Service Providers may
link or otherwise direct Internet users to our Sites and
Services for the purpose of utilizing one or more of the
services we provide on behalf of others. Additionally, we may
provide links or otherwise direct you to third party or Service
Provider websites. Pedro's List does not control or operate any
such third party or Service Provider websites.
Any information
you provide to these third party or Service Provider websites
while on these third party or Service Provider websites is
subject to the respective policies of those third parties or
Service Providers, and not Pedro's List’s policies. It is your
responsibility to review such third party or Service Provider
policies, including any relevant privacy policies. You agree
that Pedro's List will not be responsible or liable for, and
does not endorse any content, advertising, goods or services
provided on or through these outside websites or for your use or
inability to use such websites.
Pedro's List does not make any
representations or warranties as to the security of any
information (including, without limitation, credit card and
other personal information) you might be requested to give to
any third party or Service Provider sites. You use these third
party or Service Provider websites at your own risk.
You agree that Pedro's List is not
responsible for the accessibility or unavailability of any
Service Provider (which includes, but is not limited to, health
care and wellness providers) or for your interactions and
dealings with them, waive the right to bring or assert any claim
against Pedro's List relating to any interactions or dealings
with any Service Provider (which includes, but is not limited
to, health care and wellness providers), and release Pedro's
List from any and all liability for or relating to any
interactions or dealings with Service Providers (which includes,
but is not limited to, health care and wellness providers).
Without limiting the foregoing, your
correspondence or business dealings with, consumption of
products or services of, or participation in promotions of,
third parties or Service Providers found on or through the use
of the Sites and Services, including payment for and delivery or
fulfillment of related goods or services, and any other terms,
conditions, warranties, or representations associated with such
dealings, are solely between you and such third party.
You agree that Pedro's List shall not
be responsible or liable, directly or indirectly, 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 third parties
or Service Providers on the Pedro's List Sites and Services.
TRADEMARKS AND COPYRIGHTS
Pedro's List, and other Sites and
Services graphics, logos, designs, page headers, button icons,
scripts, and service names are the trademarks or trade dress of
Pedro's List in the U.S. and/or other countries. These
trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names, keyword
advertisements, or email addresses, or in connection with any
product or service in any manner that is likely to cause
confusion.
You should assume all Content and
material made available on the Sites and Services is protect by
copyright law. Aside from user-submitted Content, all other
materials and other information on the Sites and Services,
including, but not limited to, all text, graphics, logos, icons,
images, audio and video clips, downloads, data compilations and
software are the exclusive property of Pedro's List and/or its
licensors and are protected by all United States and
international copyright laws.
Notices
You agree that Pedro's List may
communicate any notices to You under these Terms of Use, through
electronic mail, regular mail or posting the notices on the
Site. All notices to Pedro's List will be provided by either
sending: (i) an email to memberservices@angieslist.com; or (ii)
a letter, first class certified mail, to Pedro's List, Merida,
Yucatán, Mexico, Attn: Member Services. Such notices will be
deemed delivered upon the earlier of the verification of
delivery or two (2) business days after being sent.
If You are a copyright or trademark
owner (or authorized to act on behalf of the copyright or
trademark owner) and believe that Your work’s copyright or
trademark has been infringed, please report Your notice of
infringement to us by providing our Designated Agent with a
written notification of claimed infringement that includes
substantially the following:
- 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 copyrighted work
or trademark claimed to have been infringed, or, if multiple
copyrighted works or trademarks at a single online 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 You, such as an address, telephone
number, and, if available, an electronic mail address at which
You may be contacted;
- a statement that You have a good faith
belief that use of the material in the manner complained of is
not authorized by the copyright or trademark owner, its agent,
or the law; and
- a statement that the information in
the notification is accurate, and under penalty of perjury,
that You are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Pedro's List will investigate notices
of copyright and trademark infringement and take appropriate
actions under the DMCA. Inquiries that do not follow this
procedure may not receive a response.
DELAYS AND ACCESSIBILITY
The Sites and Services may be subject
to limitations, delays, failure, and other problems inherent in
the use of the Internet and electronic communications. Pedro's
List is not responsible for any delays, failures or other damage
resulting from such problems.
USER FEEDBACK
Pedro's List appreciates hearing from
you, as well as our other users, and welcomes your comments
regarding our Sites and Services. Please be advised, however,
that our policy does not permit us to accept or consider
creative ideas, suggestions, or materials other than those which
we have specifically requested. Although we do value your
feedback on our Sites and Services, please be specific in your
comments regarding our services and do not submit creative
ideas, suggestions or materials. If, despite our request, you
send us creative suggestions, ideas, drawings, concepts or other
information (collectively, the “Submissions”), such Submissions
will be the property of Pedro's List. In addition, none of the
Submissions will be subject to any obligations of
confidentiality and Pedro's List will not be liable for any
future use or disclosure of such Submissions.
WARRANTIES AND DISCLAIMERS
You acknowledge that Pedro's List has
no control over, and no duty to take any action regarding: which
users gain access to or use the Sites and Services; what effects
the content on or in connection with the Sites and Services may
have on you; how you may interpret or use the content on or in
connection with the Sites and Services; or what actions you may
take as a result of having been exposed to the content on or in
connection with the Sites and Services. You release Pedro's List
from all liability for you having acquired or not acquired
content or information through the Sites and Services. The Sites
and Services may contain, or direct you to sites containing,
information that some people may find offensive or
inappropriate. Pedro's List makes no representations concerning
any content contained in or accessed through the Sites and
Services, and Pedro's List will not be responsible or liable for
the accuracy, copyright compliance, legality or decency of
material contained in or accessed through the Sites and
Services. Pedro's List makes no guarantee or warranty, express
or implied, as to the reliability, accuracy, timeliness or
completeness of that information and assumes no responsibility
for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND
SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED
ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND
AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY
DISCLAIMED. NEITHER Pedro's LIST NOR ITS AFFILIATES, EMPLOYEES,
AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY
LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR
CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES,
INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO
DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS
APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR
OMISSION OF Pedro's LIST, COMPUTER VIRUS OR OTHER SIMILAR ITEM,
TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF
USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT
LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS
OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES.
IN NO EVENT WILL Pedro's LIST OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES,
AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE
HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL Pedro's LIST OR ANY OF ITS AFFILIATES, AGENTS,
EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT,
HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT
ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND 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. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Pedro's LIST OR THROUGH OR FROM THE SITES AND/OR SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
IN THE TERMS, Pedro's LIST DOES NOT REPRESENT OR WARRANT THAT
(I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II)
THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE,
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY
REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE
SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF
IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, Pedro's LIST’S LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
Pedro's LIST SHALL USE REASONABLE
EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION
WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR
SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Pedro's
LIST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS
OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Pedro's List has no control over and no
duty to take any action regarding: other users’ behavior; what
effects Content may have on you; how you may interpret or use
Content; or what actions you may take as a result of having been
exposed to Content. You release Pedro's List from all liability
for you having acquired or not acquired Content through the
Sites and Services.
Pedro's List makes no representations
concerning any Content, including the accuracy thereof,
contained in or accessed through the Sites and Services, and
Pedro's List will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained
in or accessed through the Sites and Services.
The Sites and Services may display
links to other Internet sites or resources. Because Pedro's List
has no control over such sites and resources, you acknowledge
and agree that Pedro's List is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content,
advertising, products or other materials on or available from
such sites or resources.
You further acknowledge and agree that
Pedro's List 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
content, goods or services available on or through any such site
or resource.
INDEMNITY
You agree to indemnify, defend and hold
harmless Pedro's List, its officers, managers, owners,
employees, agents, designees, users, successors, assigns,
service providers and suppliers from and against all losses,
liabilities, expenses, damages, claims, demands and costs,
including reasonable attorneys’ fees and court costs due to or
arising from: (a) any violation of these Terms of Use by you;
(b) the inaccurate or untruthful Content or other information
provided by you to Pedro's List or that you submit, transmit or
otherwise make available through the Service; or (c) any
intentional or willful violation of any rights of another or
harm you may have caused to another. Pedro's List will have sole
control of the defense of any such damage or claim.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEDRO’SLIST WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
PEDRO’SLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
(COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR
INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR
SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE
SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE,
ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E)
STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD
PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE
SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY PEDRO’SLIST OR THE
FAILURE OF PEDRO’SLIST TO PROVIDE THE SERVICE UNDER THIS AGREEMENT
OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY
SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW.
In some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, some of the foregoing limitations may not
apply to You.
ENTIRE AGREEMENT
These Terms of Use and other
agreements, rules, and policies incorporated by reference to
these Terms including, without limitation, the Privacy Policy,
constitutes the entire agreement between you and Pedro's List.
It supersedes any prior or contemporaneous negotiations,
discussions or agreements, whether written or oral, between you
and Pedro's List regarding the subject matter contained in these
Terms of Use. Additional terms and conditions may exist between
you and third parties, including but not limited to, Service
Providers and others. You represent and warrant that those third
party agreements do not interfere with your obligations and
duties to Pedro's List under these Terms of Use.
GOVERNING LAW
These Terms of Use and the relationship
between You and Pedro's List will be governed by the laws of the
State of Yucatan, notwithstanding the choice of law provisions
of the venue where any action is brought, where the violation
occurred, where You may be located or any other jurisdiction.
You agree and consent to the exclusive jurisdiction of the state
or federal courts located in Yucatan and waive
any defense of lack of personal jurisdiction or improper venue
or forum non conveniens to a claim brought in such court, except
that Pedro's List may elect, in its sole discretion, to litigate
the action in the county or state where any breach by You
occurred or where You can be found. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out or related to Your use of the Site or Service or
these Terms of Use shall be filed within one (1) year after such
claim or cause of action arose or will forever be barred.’’
MISCELLANEOUS
If you breach any term of these Terms
of Use or other agreement with Pedro's List, Pedro's List may
pursue any legal or equitable remedy available, including but
not limited to, direct, consequential, and punitive damages and
injunctive relief. Pedro's List’s remedies are cumulative and
not exclusive. Failure of Pedro's List to exercise any remedy or
enforce any portion of the Terms of Use at any time shall not
operate as a waiver of any remedy or of the right to enforce any
portion of the Agreement at any time thereafter. If any
provision of the Terms of Use is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that the Terms shall otherwise
remain in full force and effect and enforceable. These Terms of
Use are not assignable, transferable or sublicensable by you
except with Pedro's List’s prior written consent. We may
transfer, assign or delegate the Terms and its rights and
obligations without consent. Users of this Sites and Services
are responsible for compliance with all applicable regulations
and laws. No joint venture, partnership, employment or agency
relationship exists between you and Pedro's List as a result of
these Terms of Use or use of the Sites and Services. You
acknowledge and agree that each of the Released Parties shall be
an intended third party beneficiary of these Terms of Use.
CONTACTING US
If you have any comments or questions
regarding these Terms, or wish to report any violation of these
Terms of Service, please contact us at helpdesk@pedroslist.mx.
We will address any issue to the best of our abilities.