PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS
WEBSITE. THIS WEBSITE USE AGREEMENT APPLIES TO THE WEBSITES AND MOBILE
APPLICATIONS LOCATED OZOMS.COM INCLUDING ANY SUBDOMAINS
OR MOBILE VERSIONS, AND MOBILE APPLICATIONS.
YOUR USE OF THIS WEBSITE CONSTITUTES AGREEMENT TO THE TERMS AND
CONDITIONS OF THE WEBSITE USE AGREEMENT SET FORTH BELOW. IF YOU DO
NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
Website Use Agreement
By accessing This Website (including extensions thereof) you are entering into this
Website Use Agreement (“Agreement”) with OZOMS Inc, and you agree to
be bound by the terms of this Agreement. This Agreement includes the terms and
conditions set forth herein, This Website’s Privacy Policies and notice (which are
referenced and incorporated herein by reference) and any other terms
incorporated by reference herein.
Changes to This Agreement
OZOMS Inc. reserves the right to change any of the terms of This Website
Use Agreement (including, without limitation, any terms, policies or notices
incorporated herein by reference) without prior notice. You agree to visit This
Website (or such other site accessible by clicking on the Website Use Agreement
link in the footer of This Website) periodically to be aware of and review any such
changes. Changes to this Agreement will be effective upon posting. By continuing to
use This Website after changes are posted, you accept the changes and agree to
them. For your convenience, the date of last revision is included at the top of this
If you do not agree to the terms of this Agreement, you must immediately
stop use of This Website. If you remain on This Website, you agree to be
bound by this Agreement.
Designated Agent for Digital Millennium Copyright Act
Pursuant to Title II of the Digital Millennium Copyright Act (DMCA), all claims of
copyright infringement for material that is displayed on This Website, should be
promptly sent in the form of a proper written notice to OZOMS Inc’s
Copyright Manager – Designated Agent for OZOMS Notices
C25 Calle Santa Guadalupe
Toa Baja, PR 00949-3957
All claims must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive copyright that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single on-line site are covered by a single
notification, a representative list of such works at that site;
3. 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;
4. Information reasonably sufficient to permit the service provider to contact
the Complaining Party, such as an address, telephone number, and if
available, an electronic mail address at which the complaining party may be
5. 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; and
6. 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.
Registration and Profile
Most Websites do not require registration in order to visit. However, in order to
access certain features of specific Websites, including posting a comment, review or
photo, you may be required to register with This Website and create a “Profile”
account. Your Profile account allows you access to the services and functionality of
the Website to post a question, answer, article, comment or review and any other
services and functionality that we may establish and maintain from time to time in
our sole discretion.
When creating your Profile, you must provide accurate information, which will be
account designation upon completing your Profile. You must not allow someone
else to use your Profile, nor can you use someone else’s Profile. You must keep the
password to your Profile secure and you must notify OZOMS Inc.
immediately of any unauthorized use of, or security breach connected with, your
Profile. You are responsible for all answers, articles, comments, photos, ratings and
reviews posted from, or any other activity connected with, your Profile. Ozoms Inc.
is not liable for any losses caused by any unauthorized use of your
Profile; however, you are liable to OZOMS Inc. for any losses to Ozoms Inc. or others
caused by such unauthorized use.
In order to create a Profile account and post content such as answers, articles,
comments or reviews, you must be fully able and competent to enter into, agree to,
and comply with, this Agreement.
By providing your e-mail address, you consent to us using the e-mail address to
send you notices related to This Website, including any notices required by law.
Use of Information
You may not display This Website in frames or utilize any other techniques to
display This Website (or any content on This Website) without the prior express
written consent of OZOMS Inc.. You may not use any meta tags or any
other “hidden text” utilizing OZOMS Inc.’s name or trademarks without our
prior express written consent. You may not use the OZOMS domain name
or any derivative thereof as a pseudonymous return email address for any
communications that you transmit from another location or through another
service. You may not pretend to be someone else (or spoof their identity) when
using This Website. Consent to link to This Website may be withdrawn by us at any
time, with or without notice, in our sole discretion.
You agree not to use or permit others to use This Website in ways that (i) violate
any applicable law or regulation or any of our policies, (ii) infringe the rights of
others, or (iii) interfere with the users, services, or equipment of our network or
other networks. You agree to cooperate with OZOMS Inc. and provide
requested information in connection with all security and use matters relating to
This Website and to notify us promptly if you suspect unauthorized use of This
Website or your account. We reserve the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected crime or civil
wrong. Such cooperation may include the provision of account or user information
or email and monitoring our network and/or the networks of our third party
licensors, suppliers and providers.
Documents, text, images or graphics published by OZOMS Inc. on This
Website may contain other proprietary notices or describe products, services,
processes or technologies owned by OZOMS Inc. or third parties. Except
as expressly set forth herein, nothing contained herein shall be construed as
granting to the user a license under any copyright, trademark, patent or other
intellectual property right of OZOMS Inc. or any third party. Except as
expressly granted under this Agreement, all rights are reserved by OZOMS
You acknowledge that OZOMS Inc. does not provide professional advice
through any content published on This Website and you agree that you will not rely
on This Website as a substitute for or supplement to advice from a qualified
professional, whether financial, legal, or any other type of professional.
Data Mining Prohibited
You may not use bots, crawlers, spiders, or any similar methods, processes, or tools
to “data mine” or otherwise gather or extract data from This Website, without
OZOMS Inc.’s prior consent, which consent may be withdrawn by us at any
time, with or without notice, in our sole discretion.
Trademarks and Service Marks
OZOMS Inc. , and Other third-party trademarks or service marks used on
This Website are the property of their respective owners and cannot be used
without permission. Third-party trademark references herein do not constitute or
imply affiliation, endorsement or recommendation of OZOMS Inc. or its
affiliates by the respective trademark owners, or of the respective trademark
owners by OZOMS Inc.
Consent to Monitoring of Content
OZOMS Inc. is under no obligation to monitor the information residing on
or transmitted to This Website. However, anyone accessing This Website agrees
that we may monitor the contents of This Website periodically to (1) comply with
any applicable laws, regulations or other governmental requests; (2) operate This
Website properly or to protect itself and its users. We reserve the right to modify,
reject or eliminate any information or other material residing on or transmitted to
This Website (or the server(s) that host This Website) that we, in our sole discretion,
believe is unacceptable per law or our publication standards or is in violation of the
terms and conditions of this Agreement. This Website and any Third Party Site (see
“Disclaimer of Endorsement/Linked Sites,” below) may contain content provided by
site visitors, advertisers or other third parties that may not be suitable for children,
and This Website and its services are not intended for users under age 18, and
parents or legal guardians are responsible for supervising the activities of children
and minors related to This Website. OZOMS Inc. does not knowingly
collect personal information from children through This Website.
Content Provided by You
“User Provided Content” means content and other material that any user of This
Website submits or otherwise provides to us (including but not limited to feedback,
user reviews, ratings, photos, images, questions, answers, comments, suggestions,
plans, ideas or the like). If any user of This Website submits or otherwise provides
us with User Provided Content, such User Provided Content will be deemed to be
non-confidential, and we assume no obligation to protect such User Provided
Content from disclosure (and assumes no obligation to publish such User Provided
Content and no other obligation of any kind with respect to such User Provided
Content). Notwithstanding anything to the contrary, this Agreement does not apply
to any Advertiser Content (as defined in any Services Agreement between you and
OZOMS Inc. or its predecessors in interest or former entity names) that
you provide to OZOMS Inc. in connection with such Services Agreement.
You grant OZOMS Inc. and its affiliates the absolute, perpetual,
irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and
authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly
perform, display, distribute, sell, disclose, manipulate, modify and prepare
derivative works based upon any User Provided Content that you submit or
otherwise provide to us, in whole or in part, in such manner, format and media as
OZOMS Inc. may see fit in its sole discretion and for such purposes as
OZOMS Inc. may see fit in its sole discretion, without compensation to
you, and (b) grant to third parties (through multiple tiers) the right, sublicense and
authority to exercise all or any portion of the rights granted to OZOMS Inc.
in this paragraph, subject to such terms and conditions as OZOMS Inc.
may deem appropriate in its sole discretion, without compensation to you.
Without limiting the preceding paragraph, the submission or provision of User
Provided Content to OZOMS Inc. will in no way prevent the purchase,
manufacture or use of similar products, services, plans, ideas and the like by
OZOMS Inc. for any purpose whatever.
You represent and warrant that you have the right and authority to grant Ozoms Inc.
the rights, licenses and authorizations afforded by this Agreement
without the consent or authorization of any other person or entity, and that the
exercise of any such rights, licenses, or authorizations by OZOMS Inc. or
its sublicensees will not infringe any copyright or other intellectual property right or
right of publicity or privacy rights of any other person or entity. By submitting or
otherwise providing User Provided Content (including, without limitation, user
reviews), you represent and warrant that (a) you are the sole author and owner of
the intellectual property rights thereto, (b) all “moral rights” that you may have in
such User Provided Content have been voluntarily waived by you, (c) all such User
Provided Content is accurate, (d) your posting of the User Provided Content is in
compliance with the Digital Conduct Standards and the Editorial Policies (e) you are
at least 18 years old, and (f) use of such User Provided Content will not cause injury
to any person or entity.
You further agree and warrant that you will not post or store on, or transmit,
submit or otherwise provide through This Website any information, content or
other material (including, without limitation, user reviews) that (a) violates, infringes
or misappropriates any intellectual property right (including, without limitation,
copyright, trademark, trade secret, patent, and right of publicity), any right of
privacy or publicity, or any other right of any person or entity, (b) is harmful,
threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene,
sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or
that violates any applicable law or regulation, or (c) contains any computer viruses,
worms or other potentially damaging computer programs or files.
You agree and understand that OZOMS Inc. may, in its sole discretion for
any reason, and without any prior notice or liability, delete, edit, move or reject any
files that you may maintain at This Website, and any material you may choose to
post here. You should keep a copy of any material that you maintain or post at This
Website because OZOMS Inc. will not undertake to retain copies of any
material that OZOMS Inc may delete from This Website.
Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE
OF THIS WEBSITE AND THE INTERNET GENERALLY. OZOMS INC. AND ITS
AFFILIATES ASSUME NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS,
RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL),
APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR
LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.
IN NO EVENT SHALL OZOMS INC. OR ITS AFFILIATES BE LIABLE FOR ANY
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS)
ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS
WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION,
MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED
THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE
(INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE),
(C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY
SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF
AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN
CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR
OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER
BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM
OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER OZOMS INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Any material on This Website may include technical or other inaccuracies or
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR
OZOMS INC. AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES,
REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY OZOMS INC., ITS AFFILIATES OR
THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER
OZOMS INC. NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT
THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE
FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND
(B) NEITHER OZOMS INC. NOR ITS AFFILIATES MAKES ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE
OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2)
THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF
THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER
PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR
ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE
CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED
ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES
PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER
INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4)
THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND
OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL
Disclaimer of Endorsement / Linked Sites
Reference herein to any products, services, processes, hypertext links to third
parties or other information by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply its endorsement, sponsorship or
recommendation by OZOMS Inc. Product and service information is the
sole responsibility of each individual vendor.
Some of the sites to which you may link from This Website are not owned or
operated by OZOMS Inc. (collectively, “Third Party Sites”). Some Third
Party Sites may contain the trademarks or “branding” of OZOMS Inc.. You
can usually tell if you have linked from one site to another site by looking at
the URL in the browser window (or, if the link opens a new browser window,
by looking at the URL found by “right-clicking” on the page in the window and
selecting “properties”). If the second level domain of the URL for the page
containing the link is different than the second level domain of the URL for
the page to which you have linked, you have linked to a different site.
Please note that trademarks or services mark owned by OZOMS
Inc. or its affiliates’ may be included in the URL of a co-branded or private
label site that is owned and operated by a third party, in a location other than
that occupied by the second level domain (e.g., as the third level
domain). Third Party Sites may include, without limitation, sites on which you may
bid for and/or purchase products or services. OZOMS Inc. makes no
representations whatsoever concerning (a) the information, software or other
material appearing on, or accessible through, any Third Party Site (including without
limitation, any advertisement for products or services on any Third Party Site), (b)
the performance or operation of any Third Party Site (including, without limitation,
any transactions initiated or conducted through any Third Party Site, any taxes
associated therewith and any use by third parties of user credit card information),
(c) any products or services advertised or sold on or through any Third Party Site
(including, without limitation, the quality, safety and legality of such products or
services or the sale thereof), or (d) the sellers of any products or services advertised
or sold on or through any Third Party Site. Your dealings or communications
through Third Party Sites are solely between you and that third party. Under no
circumstances will OZOMS Inc. be liable for any goods, services,
resources, or content available through such third party dealings or
communications or for any harm related thereto. If you decide to access any of the
Third Party Sites linked to This Website, you do so entirely at your own risk. If you
are accessing a Third Party Site through a link on This Website, you are
before you use such Third Party Sites.
Unless otherwise set forth in a written agreement between you and Ozoms Inc.,
your linking to This Website is subject to the following: (i) the appearance, position,
and other aspects of the Link may not be such as to damage or dilute the reputation
of OZOMS Inc., including without limitation the posting of the Link on the same
website as, or in a manner that associates Ozoms Inc. or its related brands with any
content of a sexual, pornographic, illegal, violent, discriminatory, offensive, threatening,
misleading, or abusive nature; (ii) the appearance, position, and other attributes of the
Link may not create the false appearance that your organization or entity is sponsored by,
affiliated with, or associated with OZOMS Inc.; (iii) when selected by a user, the Link must
display the websites on full-screen and not within a frame on the linking website;
and (iv) OZOMS Inc. reserves the right to revoke its consent to the Link at
any time and in its sole discretion.
This paragraph applies to links to any page on the websites and/or any content available
on or through the websites, including, without limitation, any OZOMS Inc. widget. OZOMS Inc.
and its affiliates, as applicable, retain all of the rights in the Links and the content in the
Links, including without limitation trademarks. You are not allowed to alter the
Links or any of the associated content. Any use of OZOMS Inc.’s
trademarks, content, or Links inures solely to OZOMS Inc. and its affiliates’
benefit. YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE LINK AS WELL
AS THE USE OF THE LINKS BY VISITORS TO YOUR WEBSITE.
Security / No Disruption
You agree that you will comply with any security processes and procedures (such as
passwords) specified by OZOMS Inc. with respect to access to or use of
This Website. Further, you agree not to access or attempt to access any areas of or
through This Website which are not intended for general public access, unless you
have been provided with explicit written authorization to do so by OZOMS
Inc.. You agree that you will not disrupt the functioning of This Website or otherwise
act in a way that interferes with other users’ use of This Website.
Access / Failure to Comply
OZOMS Inc. has the right to terminate, suspend or restrict your access to
This Website, in whole or in part, unilaterally and without notice, in the event you
violate any of the terms of this Agreement. In addition, if asked to do so, you agree
that you will not attempt to access This Website.
OZOMS Inc. also reserves any and all remedies at law or equity in
connection with violation of the terms of this Agreement.
You agree, at your own expense, to indemnify, defend and hold OZOMS
Inc. (and its subsidiaries and affiliates (and their respective, officers, directors,
agents, employees service providers and third parties providing content on This
Website) harmless from and against any claim or demand, and all losses incurred,
arising from or related to (a) your breach of any representation, warranty, covenant
or obligation set forth in this Agreement (or any other violation of this Agreement),
(b) any information, content or other material transmitted, submitted or provided
by you through This Website (including, without limitation, OZOMS Inc.’s
exercise of its rights with respect to such information), (c) your publication or use of
any user review displayed on This Website, or (d) your use of (or conduct on) any
Third Party Site (including, without limitation, (i) any information, software or other
material viewed or accessed by you on or through any Third Party Site (including
without limitation, any advertisement or coupon for products or services on any
Third Party Site), (ii) any transactions initiated or conducted by you through any
Third Party Site (including, without limitation, any taxes associated therewith and
any use by third parties of your credit card information), (iii) any products or
services that you bid on, purchase or otherwise obtain on or through any Third
Party Site (including, without limitation, the quality, safety and legality of such
products or services or the sale thereof), (iv) any reservations you make on or
through any Third Party Site, and (v) the conduct of sellers of any products or
services that you bid on, purchase or otherwise obtain on or through any Third
Waiver of Class Action and Jury Trial and Consent to
In any legal proceeding relating to this Agreement, you agree to waive any
right you may have to participate in any class, group, or representative
proceeding and to waive any right you may have to a trial by jury. Any claim,
controversy, or dispute that arises under or relates to this Agreement shall be
referred by the aggrieved party to binding arbitration under the Commercial
Rules of the American Arbitration Association.
OZOMS Inc. reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, This Website or any portion
thereof with or without notice. You agree that OZOMS Inc. shall not be
liable to you or to any third party for any modification, suspension, or
discontinuance of the websites.
You and OZOMS Inc. agree that the substantive laws of the State of
Puerto Rico, without reference to its principles of conflicts of laws, will be applied to
govern, construe and enforce all of the rights and duties of the parties arising from
or relating in any way to the subject matter of this Agreement. YOU AND OZOMS INC.
CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT
LOCATED IN, PUERTO RICO, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN
ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT
OR TO THIS WEBSITE. Except as otherwise required by law, any cause of action or
claim you may have with respect to This Website must be commenced within one
(1) year after the claim or cause of action arises or such claim or cause of action
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall
be deemed amended in order to achieve as closely as possible the same effect as
originally drafted. Any invalid or unenforceable portion should be construed as
narrowly as possible in order to give effect to as much of the Agreement as
possible. No waiver of any breach of any agreement or provision of this Agreement,
nor any failure to assert any right or privilege contained in this Agreement, shall be
deemed a waiver of any preceding or succeeding breach of any agreement or
You agree not to assign or otherwise transfer this Agreement in whole or in part;
any attempt to do so shall be void.
This Agreement (including all policies, notices and other terms incorporated into
this Agreement by reference) constitutes the entire agreement between you and
OZOMS Inc. with respect to the subject matter hereto and supersedes any
and all prior or contemporaneous agreements whether written or oral. This
Agreement may be revised only: (a) by OZOMS Inc. as set forth in the
Section of this Agreement entitled “Changes to This Agreement”, or (b) by written
agreement signed by a OZOMS Inc. executive. Any terms varying from this
Agreement in any written, electronic or other communication from you are void.
Notwithstanding anything to the contrary, this Agreement does not apply to any
Advertiser Copy (as defined in any applicable Services Agreement or any Terms or
Addendum provided by us) or other information, content or other material
submitted or otherwise provided by you through This Website that is the subject of
a preprinted agreement or a clickwrap agreement on another website owned or
operated by OZOMS Inc. (other than this Agreement).