Terms of Use

 

This website (www.velacordova.com) is provided by Ramón G. Vela Córdova, d/b/a Vela Córdova Law, subject to these Terms of Use (TOU).  It is your responsibility to read these TOU carefully before using the website.  Several important words or phrases used in these TOU are defined at the end, and it is important that you read these TOU with those definitions in mind.  Your use of the website is subject to these TOU, and, by using the website, you agree to be bound by these TOU.

Agreement To These Terms of Use

By using the website, you represent that you have read and understood these TOU, you represent that you have the legal capacity to agree to be bound by these TOU, and you agree to be bound by these TOU.

If the person using the website is doing so on behalf of another person or persons, then the person using the website represents and warrants that he, she or it has the legal authority to bind the latter person or persons to these TOU.

Changes to These Terms of Use

We may at any time and without prior notice amend or substitute these TOU by providing the amended or substitute TOU on the website.  It is your responsibility to carefully review the latest version of these TOU before using the website.

Changes to the Website

We may at any time and without prior notice eliminate the website, limit the website’s functionality or content, or otherwise modify the website in any way.  Such changes may include, but are not limited to, adding advertising to the website and imposing fees for use of the website.

Use by Minors

Use of the website by any person under the age of 13 is prohibited. 

Minors who are at least 13 years old may only use the website under the supervision of an adult responsible for them.  It is that adult’s sole responsibility to monitor the minor’s use of the website in order to determine what pages and content are appropriate for the minor.  Please note that there are parental control products or services available that may assist in this task, none of which is endorsed by or affiliated with us.

Website Technical Requirements and Costs

It is your responsibility and not ours to determine what goods or services may be required from time to time for you to use the website, and to obtain and pay for all such goods or services if you decide to use the website.   These goods or services may include (without limitation) digital hardware and software, Internet service, and telecommunications services.  You acknowledge that certain uses of the website (such as viewing the website on a mobile device, for example) may result in higher costs to you than other uses of the website.

Permitted Use of the Website

We provide the website only for your personal use.  You may not use the website for any other purpose, including (but not limited to) any commercial purpose.

The Website and Our Legal Practice

We provide the website for general information purposes only.  The website is not intended to be an advertisement or solicitation.

Nothing on the website constitutes legal advice or other professional advice, and you should not rely on the website for such advice.  The website may not be accurate, complete, or up to date, and we will have no liability for any damages or losses that you may suffer in relation to your use of the website, as further provided below in these TOU.  If you require legal advice, you should retain an attorney.

Use of the website does not constitute an attorney-client relationship between you and us, even if you contact us through the website.  Such a relationship may exist only after we have completed certain procedures and agreed explicitly and in writing to represent you. 

No information or communication that you provide to us by using the Website will be treated as confidential or privileged.  However, if you are an existing client and use the website’s contact page to send us a communication regarding a matter in which we represent you, then such a communication may be considered confidential and privileged pursuant to Puerto Rico law.

Ramón G. Vela Córdova is licensed to practice law only in the jurisdiction(s) and courts indicated in the website, and he is not otherwise certified as a specialist or anything else by any governmental authority or professional entity.

If the website contains information concerning results obtained in specific cases or for particular clients, this should not be construed as an indication that we will obtain similar results for you if an attorney-client relationship is established between you and us.

Your Conduct and Our Remedies

You may use the website only for the purpose authorized in these TOU.  Use for any other purpose is prohibited.

You may not use the website in a way that breaches these TOU, violates any applicable law or regulation, is immoral, is contrary to public order, is harmful, or is ill-mannered.  This prohibition includes (but is not limited to) using the website in relation to any activity involving spam, advertising, surveys, contests, or pyramid schemes.

You may not use the website to disable or interfere with the website’s operation or to disable or interfere with any third party’s hardware or software.  This prohibition includes (but is not limited to) using the website in connection with viruses, spyware, other malware, spam, and the like.

If you breach these TOU, we may without prior notice prevent you from accessing the website, and we may seek any other remedies available to us under the applicable laws and regulations.

Privacy

You agree to be bound by the website’s Privacy Policy, which is available here.

Property Rights to the Website

All tangible and intangible property rights related to the website, including (but not limited to) all intellectual property rights, belong and shall always belong exclusively to us or to a third party by whose authority we enjoy such rights.

You agree to never violate any of our property rights related to the website, nor the property rights of any third party by whose authority we enjoy property rights related to the website.  The violations that you thereby agree to never commit include (without limitation) the following:

1.    Reproducing, distributing, modifying, displaying, or performing the website in whole or in part by any means and in any existing or yet to be developed medium.  Nevertheless, you may reproduce part of the website by printing or downloading it, but only for your personal, non-commercial use in compliance with these TOU, and without altering it in any way.

2.    Using the website for any purpose other than that authorized in these TOU, or failing to comply with any other restrictions or notices included in the website.

3.    Disabling, manipulating or modifying any security measures related to the website.

4.    Displaying or using any name or symbol in a way that is reasonably likely to convey the impression that you or a third party is entitled to reproduce, distribute, modify, display or perform the website in whole or in part.

5.    Linking to the website or framing the website in a way that would produce any of the foregoing violations.

Applicability of Third Party Terms of Use

The website is hosted by www.squarespace.com, and was developed in part by using tools provided by them.  We are not affiliated with Squarespace, and they have not endorsed us.  The Squarespace terms of service, available here, require that these TOU designate them as a third party beneficiary and contain intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions for their benefit and which are at least as favorable to them as those contained in their terms of service.  Accordingly, to the extent required by said terms of service and permissible under applicable law, Squarespace, Inc. is hereby designated as a third party beneficiary of these TOU, including (but not limited to) those provisions of these TOU that concern the referenced matters.  If and insofar as the latter provisions are not as favorable to Squarespace, Inc. as those contained in their terms of service, then you agree to be bound by the provisions of their terms of service.  Nothing contained in this paragraph will be construed to grant Squarespace, Inc. any intellectual property rights or other property rights, nor any licenses, permissions, or waivers, that they would not otherwise have pursuant to applicable law and to the provisions of their terms of service.

Third Party Goods or Services

You acknowledge that the website may contain links or information related to goods or services provided by third parties.  We do not thereby endorse such goods or services, nor are we thereby affiliated with such third parties.  The responsibility for all third party goods or services rests solely with their providers, not with us.

User Provided Content

The website may from time to time allow or require you to provide certain content.  At present, the website has two features that make this possible.  First, there is a contact feature that allows you to send us your name, e-mail address, and a message.  Second, there is a blog that allows you to make comments.  Any content that you provide through the website is referred to hereinafter as “user content”.

We have the sole and absolute discretion to decide whether, in what way, and for how long to store and make available user content.  We may make or modify such decisions at any time and without prior notice.  Such decisions may include (but are not limited to) the decision to reject or remove the content provided by any particular user or class of users.

We will not compensate you in any way for the user content.

You grant us a free, perpetual, non-exclusive, transferable, worldwide license to use, disclose, reproduce, distribute, modify, perform, display, or do anything else with the user content, in any existing or yet to be developed medium, for any commercial or non-commercial purpose.  This license includes (but is not limited to) the right to sublicense.  To the full extent permitted by law and required to effectuate this license, you waive any and all moral rights of authorship related to the user content.  Insofar as the user content contains information subject to our Privacy Policy, we will exercise our rights under this license in a way that is compatible with our Privacy Policy.

With regard to the user content that consists of comments on the website’s blog, you acknowledge that this content is public and available throughout the entire world, that this requires you to be prudent in providing such content, and that our Privacy Policy allows us to disclose this content to any third party without restrictions of any kind and together with information that may identify you (such as your identity, user name, screen name, photo, avatar, and the like).  This paragraph shall not be construed to limit the license granted in the previous paragraph.

We do not endorse the content provided by other users of the website, and assume no responsibility for such content.  This includes (but is not limited to) content that may be obscene, immoral, offensive, defamatory, threatening or intimidating, stalking, a violation of privacy, a violation of intellectual property rights, or related to criminal conduct.

You agree not to provide content that is illegal, contrary to these TOU, or inappropriate.  This includes (but not limited to) content that is obscene, immoral, offensive, defamatory, threatening or intimidating, stalking, a violation of privacy, a violation of intellectual property rights, or related to criminal conduct.  As part of our right to decide whether, in what way, and for how long to store and make available user content, we may at any time and without prior notice reject or remove any user content that constitutes a breach of this paragraph or other provisions of these TOU.  Nevertheless, we have no obligation to review the content provided by you or other users of the website, nor to reject or remove such content if it constitutes a breach of this paragraph.

You represent and warrant that you have exclusive and unrestricted ownership of all the intellectual property rights and other rights to the user content, or that you have obtained and paid for all licenses or permissions that may be necessary for you to submit the user content subject to these TOU.  You represent and warrant that your submission of the user content subject to these TOU will not (i) violate any law or regulation nor (ii) infringe any third party’s rights, including (but not limited to) any third party’s intellectual property rights, other tangible or intangible property rights, privacy rights, reputational rights, or contractual rights.  You represent and warrant that there are no pending or potential legal actions or claims that may affect the other representations and warranties contained in this paragraph.  We have no obligation to conduct an investigation as to whether the representations contained in this paragraph are correct, and the representations and warranties contained in this paragraph will be fully effective regardless of whether or not we conduct such an investigation.

No Representations or Warranties by Us

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATIONS OF ANY KIND, AND WITHOUT WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, CONTRACTUAL, ARISING FROM COURSE OF PERFORMANCE, DEALING OR TRADE, OR ANY OTHER).  THIS INCLUDES (WITHOUT LIMITATION) THE ABSENCE OF ANY REPRESENTATION OR WARRANTY CONCERNING: (I) TITLE; (II) MERCHANTABILITY; (III) FITNESS FOR A PARTICULAR PURPOSE; (IV) ABSENCE OF VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS; (V) THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE WEBSITE; (VI) THE WEBSITE’S BEING AVAILABLE WITHOUT INTERRUPTIONS; (VII) THE LACK OF ERRORS IN THE WEBSITE; (VIII) THE WEBSITE’S COMPATIBILITY WITH ANY HARDWARE OR SOFTWARE; (IX) THE WEBSITE’S BEING FREE OF VIRUSES, SPYWARE, OTHER MALWARE, OR SECURITY PROBLEMS; AND (X) THE MAKING OF CORRECTIONS TO THE WEBSITE TO ADDRESS ANY OF THE FOREGOING ISSUES.  THE DISCLAIMER CONTAINED IN THIS PARAGRAPH APPLIES ALSO TO ANY THIRD PARTY GOODS OR SERVICES THAT MAY BE MENTIONED, ADVERTISED, OR OTHERWISE RELATED TO THE WEBSITE.  SINCE THE LAWS OF SOME JURISDICTIONS LIMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SOME PROVISIONS OF THIS PARAGRAPH MAY NOT APPLY IN SOME CIRCUMSTANCES.

Disclaimer of Liability

USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES RELATED TO THE WEBSITE, INCLUDING (BUT NOT LIMITED TO) ALL DAMAGES OR LOSSES: (I) CLAIMED ON THE BASIS OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, VICARIOUS LIABILITY, CONTRIBUTORY LIABILITY, OR ANY OTHER LEGAL THEORY; (II) CATEGORIZED AS ACTUAL, EXPECTATIONAL, SPECULATIVE, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, IN THE NATURE OF DISGORGEMENT, FORESEEABLE, UNFORESEEABLE, KNOWN, UNKNOWN, PHYSICAL, ECONOMIC, MENTAL, PUNITIVE, OR IN ANY OTHER WAY; (III) INVOLVING PERSONAL INJURY OR DEATH, PAIN AND SUFFERING, DAMAGE OR LOSS TO TANGIBLE OR INTANGIBLE PROPERTY, LOSS OF INCOME OR PROFITS, LOST CONTRACTUAL OR OTHER OPPORTUNITIES, DAMAGE TO GOODWILL, LOSS OF DATA, DAMAGE TO REPUTATION, LOSS OF PRIVACY, OR ANYTHING ELSE; (IV) RELATED TO USE OF THE WEBSITE OR TO ANY THIRD PARTY GOODS OR SERVICES MENTIONED, LINKED TO, ADVERTISED, OR OTHERWISE RELATED TO THE WEBSITE; OR (V) DERIVING FROM THE VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER TYPE OF INTANGIBLE OR TANGIBLE PROPERTY RIGHT, THE WEBSITE’S UNAVAILABILITY OR INADEQUACY OR INCOMPATIBILITY, THE WEBSITE’S ERRORS OR OMISSIONS, THE WEBSITE’S SECURITY FLAWS OR PROBLEMS, ANY VIRUSES, SPYWARE, OR OTHER MALWARE, OR FROM ANYTHING ELSE.  THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  SINCE THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF LIABILITY IN CERTAIN CIRCUMSTANCES, SOME OF THE PROVISIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold us harmless for and against all claims and liabilities (as defined below) to the extent caused by any of the following: (i) your breach of your obligations, your misrepresentations, your omissions, or your failures of warranty pursuant to these TOU; (ii) your violation (or act or omission causing us to be in violation) of any law or regulation; (iii) your negligence or intentional misconduct or omission (whether or not within the scope of employment, agency or subcontract); (iv) any claim by a third party that pertains to or arises out of your obligations to such party; or (v) any service or product sold or provided by you.  The term “claims and liabilities” as used in this paragraph includes (but is not limited to) all claims, demands, suits, complaints, accusations, indictments, causes of action, out-of-pocket expenses, losses, damages, judgments, resolutions, orders, settlements, penalties, fines, sanctions, debts, liabilities, costs and expenses, whether extra-judicial or judicial, whether administrative, civil or criminal, and whether in law or equity, including reasonable attorneys’ and consultants' fees, court costs and other expenses of litigation or administrative proceedings.  You will notify us promptly if you become aware of any claims and liabilities.  You agree to cooperate in the defense or settlement of all claims and liabilities, you agree that we may (but are not obligated to) appear at our expense through counsel of our own choice, and you agree not to settle (and that you lack the unilateral right to settle) any claims and liabilities without our prior written consent, which consent shall not be unreasonably delayed or withheld.  This paragraph establishes your obligations to defend, indemnify and hold us harmless; it will not be construed to create any obligation on our part to defend, indemnify and hold you harmless, and you agree that we have no obligation whatsoever to defend, indemnify and hold you harmless.

Miscellaneous Provisions

Any waiver by us of any breach by you of these TOU will not be deemed to be a continuing waiver of such breach, a waiver of any other breach, nor a waiver of any of the terms and conditions of these TOU.

These TOU are governed by the laws of the Commonwealth of Puerto Rico (including all applicable U.S. federal laws), without giving effect to principles of conflict of laws.  You hereby consent to the exclusive jurisdiction and venue of the Court of First Instance of the General Courts of Justice of the Commonwealth of Puerto Rico, San Juan Region, to resolve all disputes arising under these TOU; except that you also consent hereby to the jurisdiction and venue of the United States District Court for the District of Puerto Rico to resolve all disputes arising under these TOU where such disputes involve matters with respect to which the federal courts have exclusive jurisdiction pursuant to U.S. federal law.

The headings of these TOU are to facilitate reference only.  They are not a part of these TOU, and shall not affect the interpretation hereof.

If any provision of these TOU is held to be invalid or unenforceable by any competent authority in any jurisdiction, then such provision shall be stricken and the remainder of these TOU shall remain in full force and effect.

Definitions

The following words or phrases have the meaning indicated below for purposes of these TOU:

1.    “Content” means works of authorship, as well as any type of information, data, concept, or idea.

2.    “Intellectual property rights” means all rights throughout the world, in any and all jurisdictions, whether existing under current or future law, which are commonly described or may reasonably be described as intellectual property rights or industrial property rights, including (without limitation) patents, trade secrets, copyrights, moral rights of authorship, trademarks, and rights of publicity.

3.    “Law or regulation” means any and all laws, statutes, codes, regulations, ordinances, orders, and the like of the Commonwealth of Puerto Rico, the municipalities of the Commonwealth of Puerto Rico, the U.S. federal government, any state or territory of the U.S., and any foreign nation or jurisdiction.

4.    “Person” includes any natural person and any private or public legal person.

5.    To use the website means to access it or use it in any way and by any means.

6.    “We”, “us” or “our” means Ramón G. Vela Córdova, d/b/a Vela Córdova Law.

7.    The “website” includes any and all World Wide Web pages available at www.velacordova.com, as well any and all content available on said pages or otherwise at www.velacordova.com.

8.    “You” means the person who uses the website.  If a person uses the website on behalf of another person or persons, then “you” includes both the former and the latter persons.