Terms & Condition

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BORICUAS INCORPORATED TERMS AND CONDITIONS

Effective Date: [Date – e.g., October 26, 2023]

1. Acceptance of Terms

Welcome to [Your Website Address Here – e.g., www.boricuasincorporated.com] (the “Site”), operated by Boricuas Incorporated (“we,” “us,” or “our”). By accessing or using the Site and our services (the “Services”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you may not access or use the Site or Services.

2. Use of the Site and Services

  • Eligibility: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use certain features of the Site and Services. If you are under 18, you may only use the Site and Services with the consent of a parent or guardian.

  • Account Registration: To access certain features, you may need to register for an account. You agree to provide accurate and complete information when registering and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

  • Permitted Use: You may use the Site and Services for lawful purposes only. You may not use the Site and Services in any way that violates these Terms or any applicable laws or regulations.

  • Prohibited Conduct: You agree not to:

    • Use the Site and Services to transmit or distribute any viruses, malware, or other harmful code.

    • Interfere with the operation of the Site or Services.

    • Attempt to gain unauthorized access to the Site, Services, or other users’ accounts.

    • Collect or harvest information about other users without their consent.

    • Use the Site and Services for any commercial purpose without our express written consent.

    • Engage in any activity that could damage our reputation or goodwill.

    • Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

    • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

3. Intellectual Property

  • Our Content: The Site and Services, including all text, graphics, images, logos, software, and other content (the “Content”), are owned by or licensed to Boricuas Incorporated and are protected by copyright, trademark, and other intellectual property laws.

  • Your Use of Content: You may access and use the Content for your personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit the Content without our express written consent.

  • User Content: If you submit any content to the Site (e.g., comments, reviews, forum posts) (“User Content”), you retain ownership of your User Content. However, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in any media. You represent and warrant that you have all necessary rights to grant us this license. You are responsible for the User Content that you submit.

4. Purchases and Payments (If you sell products or services)

  • Pricing and Availability: All prices are subject to change without notice. We reserve the right to limit the quantity of products or services available for purchase.

  • Payment: You agree to pay all charges incurred in connection with your purchases, including applicable taxes and shipping fees. We may use a third-party payment processor to process your payments.

  • Shipping: We will ship your order to the address you provide during checkout. Shipping times are estimates and may vary.

  • Returns and Refunds: Our return and refund policy is available [Link to your Return Policy].

  • Taxes: You are responsible for paying all applicable taxes in connection with your purchases.

5. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BORICUAS INCORPORATED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE AND SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM.

7. Indemnification

You agree to indemnify and hold harmless Boricuas Incorporated, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys’ fees) arising out of or in connection with your use of the Site and Services, your User Content, or your violation of these Terms.

8. Termination

We may terminate your access to the Site and Services at any time, with or without cause, and with or without notice. You may terminate your account at any time by contacting us at [Your Email Address Here – e.g., support@boricuasincorporated.com].

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be resolved through binding arbitration in [City, State], in accordance with the rules of the American Arbitration Association. [Alternative: You can specify a different dispute resolution process, such as mediation, or choose to have disputes resolved in court].

10. Changes to these Terms

We may update these Terms from time to time. We will post any changes on the Site and update the “Effective Date” at the top of these Terms. Your continued use of the Site and Services after the posting of any changes constitutes your acceptance of the revised Terms.

11. Entire Agreement

These Terms constitute the entire agreement between you and Boricuas Incorporated relating to your use of the Site and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

13. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Boricuas Incorporated
[Your Business Address Here]
[Your Email Address Here – e.g., support@boricuasincorporated.com]
[Your Phone Number (Optional)]

Customization Points and Considerations:

  • Specific Services: Clearly define the services you provide through the Site. The more specific, the better.

  • User Content: If your site allows user-generated content (comments, reviews, forums), have clear guidelines on acceptable content and moderation policies. Address copyright infringement concerns.

  • Disclaimers: Strengthen your disclaimers of warranties. Specifically disclaim any warranties about the accuracy, reliability, or completeness of information provided on the Site.

  • Liability Limitation: Consider adding specific clauses limiting liability for things like data loss, business interruption, or third-party actions.

  • Third-Party Links: If your site contains links to third-party websites, disclaim responsibility for the content or practices of those sites.

  • Force Majeure: Consider including a clause that excuses you from liability for events beyond your control (e.g., natural disasters, terrorism, government regulations).

  • Indemnification: Ensure the indemnification clause is carefully worded to protect you from potential liabilities.

  • Governing Law and Venue: Carefully choose the governing law and venue for dispute resolution. Florida law is specified above, but confirm that is appropriate for your situation.

  • Arbitration Clause: If you choose arbitration, make sure the clause is enforceable under applicable law. Consider adding a clause about the allocation of arbitration costs.

  • Payment Terms: If you sell products or services, clearly define your payment terms, including accepted payment methods, billing cycles, and cancellation policies.

  • Shipping and Delivery: If you ship products, provide detailed information about your shipping policies, including shipping times, shipping costs, and delivery options.

  • Returns and Refunds: Have a clear and easily accessible return and refund policy.

  • Privacy Policy Link: Include a prominent link to your Privacy Policy.

  • Accessibility: Make the Terms and Conditions easy to find on your website (e.g., in the footer of every page). Consider providing a link in account registration forms.

  • Updates: Notify users of any material changes to the Terms and Conditions.

  • Review and Update: Regularly review and update your Terms and Conditions to reflect changes in your business or the law.

  • Legal Review: Crucially, have an attorney review these Terms and Conditions. This is essential to ensure they are legally sound, enforceable, and tailored to your specific business needs and the laws applicable to your operations.