Terms & Conditions
These Terms and Conditions were last modified on Feb 06, 2021.
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Overview
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By accessing the website, you accept these Terms and Conditions of use and Privacy Policy, as may be amended from time to time, without limitation or qualification. If you do not wish to be bound by these Terms and Conditions, please refrain from further use of the website.
By visiting the Website, viewing its contents, registering on the Website, enrolling in any courses, purchasing my services or products and/or communicating with me via e-mail or otherwise, you are consenting to the terms of this Privacy Policy along with the terms of service set forth on the Terms & Conditions section (located at https://zenendarioeguia.com/terms-conditions.com).
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About the platforms
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ZENEN DARIO EGUIA provides services, products and information via the Website (located at https://zenendarioeguia.com), its Instagram (located at @zenendarioeguia), Youtube Channel (located at https:// youtube.com/zenendarioeguia), a newsletter delivered by email to subscribers on a monthly basis (the “Newsletter”) and other platforms which may be added or removed at any time. Collectively, these sites are referred to as the “Platform(s)” and include may be referred to as all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.) for informational purposes.
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All Users Agree to Terms & Conditions
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All visitors (hereinafter, “User(s)”, “You” or “Your”) to the Platforms are subject to the terms, conditions and notices set forth in these Terms and Conditions (the “Terms & Conditions”). Purchasers of products or services may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time to time. By using the Platforms, purchasing any products (physical and/or digital) or contracting any services, You accept these Terms & Conditions and agree to comply with all of its provisions. If You do not wish to accept these Terms & Conditions, DO NOT USE THE PLATFORMS, PURCHASE PRODUCTS OR CONTRACT SERVICES
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All Users Agree to Privacy Policy
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You agree to the terms of the Privacy Policy set forth and as may be amended from time to time.
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Intellectual Property & Copyright Laws
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The Platforms and the entire content appearing in my Platforms including all text, images, software code, documentation, electronic text, submitted content, audio and video files and clips, and the design, layout, functionality and features of The Platforms (collectively, the “Materials”) are protected by copyright laws and may be covered by other restrictions as well. ZENEN DARIO EGUIA retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. The Materials are subject to the laws of México and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights. Copyrights and other proprietary rights (hereinafter, collectively, the “Rights”) in the material on the Website may also subsist in individuals and entities other than, and in addition to, ZENEN DARIO EGUIA. ZENEN DARIO EGUIA expressly prohibits the copying of any protected materials on the Website.
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Commercial Use is Restricted
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You are permitted to use the Platforms solely for the non-commercial uses described in connection with the products and services. No grant of the Rights is expressed or implied in any use of or transaction through the Platforms. Any license to the Materials, expressed or implied, is subject to revocation at will in the exercise of ZENEN DARIO EGUIA’s sole discretion.
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Reservation of Rights
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All rights not expressly granted by ZENEN DARIO EGUIA herein are specifically and completely reserved. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit the Materials except as may be permitted for specific content as part of a transaction involving the services. Nothing on the Website and/or Platforms in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that ZENEN DARIO EGUIA has authority to grant any right or license on behalf of any third party.
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Trademarks
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You may not use any of the Materials or the trademarks, logos or tradenames without any express, prior, written permission. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners.
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Third-Party Rights
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Some content appearing in the Platforms may be owned by third parties and are licensed for use by ZENEN DARIO EGUIA. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving the services.
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Allegations of Infringement (DMCA)
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You may request the removal of those materials from the Platforms by submitting written notice following the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your notice must include the following: Your name, address and contact information. A copy of the work(s) You believe is being infringed upon within the Platforms. A readily identifiable description and location with the Platforms of the work(s) You believe are infringing. A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that that the works You identified as infringing are being used without authorization. Send your DMCA Notice.
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Links to Third-Party Websites
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ZENEN DARIO EGUIA has not reviewed all the websites or services linked to or from the Website and/or Platforms. ZENEN DARIO EGUIA provides these links as a convenience and links to any third-party websites or services is at the user’s own risk. ZENEN DARIO EGUIA is not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third party. A link does not imply endorsement or affiliation with the linked website or platform by ZENEN DARIO EGUIA.
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Limitation of Liability
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As-Is / As-Available. All Platforms and Materials are provided to You on an as-is and as-available basis. ZENEN DARIO EGUIA does not provide any guarantee that the Platforms or the Materials will be available at any given time or through any given device.
No Warranties expressed or implied. Your use of the Platforms and the Materials is at Your own risk. ZENEN DARIO EGUIA makes no warranty, express or implied, regarding the Platforms, the Materials or the accuracy, applicability, or usability of the Materials for any purpose. ZENEN DARIO EGUIA makes no warranty that the use of the Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view the Platforms or the Materials. ZENEN DARIO EGUIA disclaims all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for any particular purpose.
Not liable for the content. You assume any risk associated with any reliance You place on the Materials whether such content is provided by Zenén or by any Users of the Platforms or any other third-parties.
No Legal Advice. The Materials are not to be construed as legal advice in any manner. You should consult an attorney of Your choice regarding any legal matter that You may have and not rely on any of the Materials in making any decisions or taking or refraining from any actions.
Opinions expressed are of individuals. The Materials may contain opinions regarding a particular subject. In such event, the opinions expressed are those of the individual authors of those materials and are not to be construed as ZENEN DARIO EGUIA’s opinions. ZENEN DARIO EGUIA is not responsible for any such opinions.
Limitation of Damages. To the maximum extent permitted by law, in no event shall ZENEN DARIO EGUIA, its licensors, licensees, affiliates or partners, or the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profits, or any other such damages under any theory of liability, arising out of or in connection with the use of the Platforms or the Materials. You are solely responsible for any loss, claims or damages.
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Indemnification
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By using the Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold harmless ZENEN DARIO EGUIA, its affiliates, directors, officers, members, employees, and agents or attorneys of same harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages, from and against any claim arising from or related to Your breach of these Terms & Conditions or relating to your use of the Website and/or the Platforms.
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Venue and Choice of Law
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The Terms and Conditions and any counterparts, amendments, or revisions will be governed and construed under the laws of the State of Baja California, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to the Terms and Conditions will be brought in to a Federal or State court located in the Tijuana Municipality and the State of Baja California, and you hereby waive any objection that you may have to personal jurisdiction in these courts.
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Entire Agreement; Severance; Waiver
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These Terms and Conditions incorporate by reference any notices on the Website and/or the Platforms and constitute the entire agreement regarding user access to the Platforms. If any provision of the Terms and Conditions is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Zenén’s failure to enforce a provision on any occasion will not be construed as a waiver of such provision.
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Updates to Terms & Conditions and Privacy Policy
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From time to time as the Platforms and the Materials evolve, ZENEN DARIO EGUIA will update the Terms & Conditions and Privacy Policy. You agree to confirm that You have read and understood my most up-to-date Terms & Conditions and Privacy Policy before each occasion in which you access the Platforms and the Materials. ZENEN DARIO EGUIA is under no obligation to provide you with an e-mail or other notice regarding any updates to Our Terms & Conditions or Privacy Policy. Your continued access to the Platforms and the Materials constitutes consent to, and agreement with, these changes.