Terms of Use

 

 

Effective Date: March 5, 2024

Thank you for your interest in Era Valdivia Contractors, Inc. (“Valdivia,” “we,” “us” or “our”). These Terms of Service (“Terms”) govern your use of Valdivia, including any use of the Services and any products made available by Valdivia, on any website that links to these Terms regardless of the manner in which such website is accessed.

Our website provides information about certain of our products and services (collectively, our “Services”) and resources related to the same.

Please read these Terms carefully. These Terms represent a binding contract between you and us, and by accessing our website, creating an account or otherwise using Valdivia, you expressly agree to be bound by them. We may update these Terms from time to time, in our discretion. Certain features of our website or Services may be subject to additional terms, rules or regulations, which will be posted to our website in connection with the same. All such additional terms, rules or regulations are incorporated by reference into these Terms.

THESE TERMS AFFECT YOUR RIGHTS AND DESIGNATE THE GOVERNING LAW AND FORUM FOR THE RESOLUTION OF ANY AND ALL DISPUTES BETWEEN YOU AND US. If you do not agree to be bound by these Terms, or the Terms are not enforceable where you are located, then you may not use Valdivia.

Account Registration and Maintenance

In order to use certain features of the website you may need to create an account. When you create an account, we require you to provide certain information about yourself, including your email address,  a password, and other information as detailed in our Privacy Policy (collectively, “Account Information”). By registering for a Valdivia account, you represent and warrant that you are at least the age of majority in your jurisdiction of residence, have the legal capacity to enter into these Terms by and between you and us, and agree to be bound by these Terms in their entirety.

You agree that all Account Information that you provide will be accurate, current, and in a form sufficient to allow Valdivia to contact you from time to time. You agree that we may send email communications to you for customer service, account and/or product confirmations, product offers and other similar matters. You may choose to opt out of much of this email correspondence through your account settings or by using the links at the bottom of our emails. Please note that even if you opt out, we may still send you account and/or Services related communications, such as purchase confirmation and similar transactional messages.

Your Access and Use of the Valdivia Website and Services

You can access and use the Valdivia website and our Services solely for personal use and subject at all times to these Terms. Our website and Services are available to you as long as you are not barred from Valdivia by applicable law and your access is not otherwise terminated by us or by you.

To the extent applicable, you are responsible for maintaining the confidentiality of your Account Information and agree to notify us immediately of any unauthorized use of your Account Information or if you otherwise believe your Account Information has been compromised. Notification regarding any unauthorized use can be sent to contact@eravaldivia.com. Notwithstanding the foregoing, you are responsible for any damages or losses suffered by Valdivia via the use of your Account Information.

Accuracy of Information, Products and Pricing

We attempt to ensure that the information provided through the website, including any information about Valdivia Content and our Services, is complete, accurate, and current, but except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided here. Valdivia shall not be responsible for any errors or omissions on the website; however, when we discover an error we will endeavor to correct it as soon as possible and notify any customers who we are aware are materially impacted. We reserve the right to amend errors or to update information at any time without prior notice.

Intellectual Property

Content on our website is provided by Valdivia and its licensors, including, but not limited to, graphics, photographs, images, text, trademarks, logos, product and program names, slogans and the compilation of all of the foregoing (“Valdivia Content”). Valdivia Content is, as between you and Valdivia, the property of Valdivia and is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not copy or store Valdivia Content in any form outside of the Valdivia website and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Valdivia Content, except as expressly contemplated herein. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights. All intellectual property rights in Valdivia and Valdivia Content are, as between you and us, the sole and exclusive property of Valdivia. Any dated Valdivia Content is valid as of the indicated date only.

Some Valdivia features either now or in the future may allow you to post or submit content and materials for publication on our website (“Your Content”). You represent and warrant that Your Content is accurate, true and not defamatory, and that you own or otherwise have the necessary license(s) for your use of Your Content, including all rights necessary for you to post or otherwise transmit Your Content to Valdivia. You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Valdivia or the specific features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. You may also be able to view or access content and materials published to our website by other users (collectively, “User Content”). Valdivia does not control User Content and cannot guarantee its accuracy. Valdivia is not responsible for User Content and you should keep this in mind when making any decisions based on such User Content. We appreciate when you provide us feedback through customer service or by email, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions that you provide to us.

Valdivia Communications

By establishing an account, or otherwise providing your contact information, you agree that we may send communications to your email address as well as by telephone or text message at any of the phone numbers provided by you or on your behalf in connection with your account, calls and/or push notifications to the mobile telephone number or to other contact information that you provide, for purposes of customer service, confirmations, newsletters, marketing and product offers, and other matters. You may opt out of much of this communication by using the links at the bottom of our emails, or by replying ‘STOP’ to any promotional text messages which we may send.

Restrictions and Prohibited Uses

Valdivia is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our service. Except with our written permission, you may not:

• Attempt to impersonate another person or use another person’s account information without express, written authorization;
• Distribute Valdivia products or Services for your own commercial purposes;
• Violate or attempt to violate any of Valdivia’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of our systems and networks;
• Redistribute, decompile, reverse engineer, publish, or copy any portion of the Valdivia website or services;
• Use Valdivia for the purpose of creating a product with a substantially similar look, feel or design;
• Access or search Valdivia by any means other than our publicly supported interfaces (for example, “scraping”);
• Interfere with others’ use and enjoyment of Valdivia;
• Use any Valdivia trademarks, trade names, service marks, copyrights, or logos in your own mailings, spam material, contests or surveys, or to create the impression you are associated with such items;
• Violate any third party’s rights, including intellectual property or privacy rights.

Written requests regarding any of the aforementioned restrictions and prohibited use may be submitted to contact@eravaldivia.com. Engaging in prohibited uses is grounds for immediate termination of your Valdivia account and may also subject you to civil or criminal penalties.

Privacy

For more information on our privacy practices, including the ways in which we collect and use your information, please visit our Privacy Policy, which is hereby incorporated in full into these Terms. Valdivia may integrate with third party providers as necessary to provide the Services and will share your information with those third party providers.

Security

Valdivia maintains certain technical and administrative safeguards designed to improve the security, confidentiality and integrity of the website and Services. No such measures are capable of guaranteeing complete security though, and Valdivia disclaims all implied warranties as to the security of the platform.

DMCA/Copyright Policy

Valdivia respects the intellectual property rights of others and we require our users to do the same. Valdivia has adopted the following policy concerning copyright infringement in accordance with the  Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed at the end of this section.

If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Valdivia’s Copyright Agent:

• Information reasonably sufficient for Valdivia to contact you: name, address, phone and email address (if available);
• A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
• Information reasonably sufficient to permit Valdivia to locate your work on the site;
• A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;
• A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Valdivia by mail or email as set forth below:

Email: contact@eravaldivia.com

Mailing Address:

            DMCA Era Valdivia

c/o Taft, Stettinius & Hollister LLP

111 East Wacker, Suite 2600

Chicago, IL 60601

If sending your notice by electronic mail, please make sure to write “DMCA Copyright Notice” in the subject line.

LIMITATION OF LIABILITY

IN NO EVENT SHALL VALDIVIA OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE HEREUNDER FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO VALDIVIA FOR THE SERVICES, IF ANY; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF VALDIVIA; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT VALDIVIA WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

Indemnity

You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Valdivia, Your Content, or the violation of these Terms by you.

General

(a) Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of these Terms as closely as possible. Either party’s failure to enforce any term or condition herein is not a waiver of its right to do so later.

(b) Governing Law, Jurisdiction and Venue. These Terms are governed by Illinois law without regard to conflict of law provisions, and both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in Cook County, Illinois, as the legal forum for any dispute between them.

(c) Third Party Links. Valdivia may provide links to third party websites or services as necessary to effectuate the services. We provide these links as a convenience and these third party websites or services are not under our control. Any use of such third party websites or services is at your own risk.

(d) Change Policy. These Terms may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on the Valdivia website or by posting updated Terms at least 30 days in advance of the effective date of the updated Terms. Please note that unless otherwise provided by applicable law, your continued use of Valdivia following the effective date means that you agree with, and consent to be bound by, the updated Terms.

(e) Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous agreements relating to the subject matter of these Terms. If there is any conflict between these Terms and any additional terms, conditions, and rules posted by Valdivia, these Terms will govern, unless expressly superseded by such other terms, conditions, or rules. Sections of these Terms which by their nature should survive any termination will indeed so survive.