terms and conditions

EFFECTIVE DATE: FEBRUARY 22, 2024

Welcome to VargasGuerraLLP.com. The following terms and conditions (the "Terms") govern all use of the VargasGuerraLLP.com website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by Vargas Guerra LLP ("Vargas Guerra," "we," or "us"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Vargas Guerra’s Privacy Policy), and procedures that may be published from time to time on this Site by Vargas Guerra (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Vargas Guerra, acceptance is expressly limited to these terms.

1. Website Access

A. Vargas Guerra hereby grants you permission to use the Website as set forth in this Agreement, provided that: (i) your use of the Website is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without Vargas Guerra's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this Agreement.

2. Intellectual Property

This Agreement does not transfer from Vargas Guerra to you any Vargas Guerra or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Vargas Guerra. Vargas Guerra, VargasGuerraLLP.com, the VargasGuerraLLP.com logo, and all other trademarks, service marks, graphics, and logos used in connection with VargasGuerraLLP.com, or the Website are trademarks or registered trademarks of Vargas Guerra or Vargas Guerra’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Vargas Guerra or third-party trademarks.

3. Changes

Vargas Guerra reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Vargas Guerra may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

4. Termination

Vargas Guerra may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your VargasGuerraLLP.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Vargas Guerra if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Vargas Guerra's notice to you thereof; provided that, Vargas Guerra can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

5. Disclaimer of Warranties

The Website is provided "as is". Vargas Guerra and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Vargas Guerra nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted.

6. Limitation of Liability

In no event will Vargas Guerra, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Vargas Guerra under this agreement during the twelve (12) month period prior to the cause of action. Vargas Guerra shall have no liability for any failure or delay due to matters beyond their reasonable control.

7. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Vargas Guerra Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

8. Indemnification

You agree to indemnify and hold harmless Vargas Guerra, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.