Legal Information & Notices
Please read these terms and conditions carefully
Alacran Group, LLC (“Company,” “we,” or “us”) operates the website currently located at www.alacrangroup.com (the “Website”) to help facilitate the provision of Company’s services (the “Services”) to its customers, and makes the Website available to individuals (“Users” or “You”) for informational purposes. If You use Company or its subsidiaries and affiliate’s websites in any manner, You accept these Terms of Service. If You do not agree with any provision of this Agreement or do not wish to be bound by this Agreement, do not use Company’s Service.
1. Modifications to Terms of Service.
You must be eighteen (18) years old or older to use the Website. By using the Website, You represent and assume that You have the authority and capacity to enter into this Agreement and to abide by all the terms listed in this Agreement.
3. Third Parties Links to Other Sites
This Website may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
4. Intellectual Property Protection.
The information displayed on the Website, including without limitation, text, artwork, graphics, logos, video clips, data, button icons, images, audio clips, digital downloads, prices, product and service descriptions, and data compilations, is the property of Company. Such content is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such materials, other than as permitted in these Terms of Service. Systematic retrieval of data or other information from the Website to prepare any collection, compilation, database, or directory is strictly prohibited.
The names and logos for Company and www.alacrangroup.com , and any other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Company. Company’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company or any Company affiliates without Company’s express written consent. In addition, You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF SERVICE, NEITHER COMPANY NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS TERMS OF SERVICE.
5. License Grant and Restrictions.
Company hereby grants You a limited, non-exclusive, non-transferable, and revocable right to access and use the Website to (i) utilize the features, content and tools that Company makes available to You through the Website or otherwise and (ii) receive information relating to the Services. You shall use the Website, and any Company content solely for Your personal use, and for no other purpose whatsoever without the express written consent of Company. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any of the Company content on the Website, including without limitation any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted in the Terms of Service does not include any resale or commercial use of the Website, and such use is prohibited. You are also prohibited from creating any derivative works from the Website, or downloading or copying of any account information for the benefit of another person or entity other than contemplated in these Terms of Service. Company reserves the right to suspend or deny, in its sole discretion, Your access to the Website, without notice to You. ANY RIGHTS IN THE WEBSITE NOT EXPRESSLY GRANTED TO YOU IN THESE TERMS OF SERVICE ARE RESERVED TO COMPANY.
7. Terms and Termination of Account.
This Agreement is effective starting on the date you use the Website for the first time and continues until terminated in accordance with this Agreement.
You understand and agree that Company, in its sole discretion, may terminate your right to use the Website, direct You to cease using the Website, and discontinue or restrict your access to the Website, all without notice to You and for any reason. You agree that Company shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website, or any parts thereof.
While Company may restrict your use of the Website for any reason or for no reason at all, we will suspend, disable, or delete your account if Company determines that You have violated any provision of this Agreement or that your conduct or content would tend to damage Company’s reputation or goodwill. If Company deactivates your account due to your misconduct, you shall not reregister to use the Website under a different name or different email address.
Upon termination of this Agreement, all licenses granted by Company to You will terminate. In the event of account deletion for any reason, whether on your behalf or ours, content that You submitted may no longer be available. Company is not responsible for the loss of such content.
8. Limitation of Liability.
You specifically agree that Company is not liable for any of your conduct while using the Website. Company is also not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on the Website, including any injury or damage to your or any other person’s computer related to or resulting from use of the Website.
In no event shall Company be liable for any damages, including but not limited to any direct, indirect, incidental, special, or consequential damages resulting from your use or the inability to use the Website, any Company content, any information accessible on the Website, from any messages received through the Website, or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangible property, whether based on contract, tort, strict liability or otherwise, even if Company has been advised of the possibility of such damages, to the fullest extent permitted by applicable law.
You agree that regardless of any statute or law to the contrary, You will file any claim or cause of action arising out of or related to your use of the Website, or to interpret or enforce the Terms of Service within one (1) year of receiving the Terms of Service or be forever barred.
Company is not responsible for the conduct of any user. In no event shall Company, its affiliates or its partners be directly or indirectly liable for any losses or damages whatsoever, including but not limited to direct, indirect, general, special, compensatory, consequential, and/or incidental damages, arising out of or relating to the conduct of You or anyone else in connection with Your use of the Website and Company’s Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE WEBSITE, AND ANY COMPANY CONTENT, IS AT YOUR SOLE RISK. THE COMPANY CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON COMPANY COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE COMPANY CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY COMPANY CONTENT PROVIDED TO YOU, COMPANY DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. COMPANY DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY WEBSITE OR WEBSITE, INCLUDING ANY ADVERTISER’S WEBSITE OR WEBSITE. COMPANY DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE WEBSITE AND OTHER USERS OF THE WEBSITE. INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used Company, and no warranties shall apply after such period.
You agree to indemnify, defend, and hold Company, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you provide to Company, and the violation of any law or regulation by You. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in connection therewith.
11. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please notify our Copyright Agent at the following e-mail address: email@example.com
To facilitate the processing of your claim, you will need to provide the Copyright Agent with 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 claimed to have been infringed, or, if multiple copyrighted works at a single online website 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company reserves the right to terminate the accounts of repeat infringers.
12. Our Use of Your Information.
You agree that Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
- Comply with legal process;
- Enforce these Terms of Service;
- Respond to claims that any Content violates the rights of third parties;
- Respond to your requests for customer service;
- Allow you to use the Service in the future; or
- Protect the rights, property or personal safety of Company or any other person or entity.
13. Miscellaneous Provisions.
A. Applicable Law
You acknowledge that the Content contained in the Company Website is controlled in and originates from the United States. Company does not make any representation that any of the Content is appropriate or available for use in other locations. Any claim relating to the use of the Website and any Content displayed thereon, shall be governed by the internal substantive laws of the State of Florida, without regard to its conflicts of laws rules. You expressly consent to the personal and exclusive jurisdiction of the state and federal courts located in, or having jurisdiction over, Miami-Dade County, Florida for any such claim. You further agree that in the event Company prevails in any litigation or arbitration proceeding to interpret or enforce a party’s rights under these Terms of Service, the court or arbitration panel shall have the right and duty, in addition to awarding any relief deemed appropriate in the circumstances, to award Company its reasonable attorneys’ fees, costs, and litigation expenses incurred in prosecuting or defending such action or proceeding, at trial, at any arbitration proceeding, on appeal, or in any proceeding to enforce any final judgment or arbitration award.
This Agreement shall bind and inure to the benefit of Company’s successors, assigns and licensees. Company shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract, merger, sale of all or substantially all of Company’s assets, or operation of law without your consent, or notice to You. Any attempted assignment by You shall be null and void, and not have any legal force or effect.
The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
These Terms of Service, and your consent thereto as demonstrated by your use of the Website, constitute the entire agreement between You and Company relating to the subject matter of this Agreement.
The headings of the several sections of this Agreement are intended for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement.
The information provided on the Website is mirrored information from publicly available sites or information that was obtained by the Company and/or the Website. If the respective information on the Website belongs to you and you have any complaints about the use of either your intellectual property or personal contact information, please contact firstname.lastname@example.org immediately.