Acceptance of Terms to Use Nelson Website
In order to use the Nelson Website, you must first agree to the Terms set forth in this Agreement. You MAY NOT use the Nelson Website if you do not accept the Terms.
You can accept the Terms by: a) actually using the Nelson Website; or b) Clicking to accept or agree to the Terms, where this option is made available to you. You understand and agree that Nelson will treat your use of the Nelson Website as acceptance of the Terms to use the Nelson Website from this point forward. Unauthorized use of Nelson Cruz & Associates, LLC’s Websites and systems, including but not limited to unauthorized entry into Nelson Cruz & Associates, LLC’s systems, misuse of passwords, posting of objectionable or offensive content or your unauthorized use of legally protected third-party content, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that Nelson Cruz & Associates, LLC., may disclose and transfer any information that you provide through this Website to (i) its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate (including to countries outside the EEA), and by using and providing information through this Website you agree to such transfers. Use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.
If you use Nelson Cruz & Associates, LLC’s Website or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in Nelson Cruz & Associates, LLC’s systems, you shall indemnify, defend, and hold harmless Nelson Cruz & Associates, LLC’s,. and all of its direct and indirect subsidiaries, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting Nelson Cruz & Associates, LLC’s rights or your obligations under any other provision of these Terms and Conditions, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Nelson Cruz & Associates, LLC’s rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by Nelson Cruz & Associates, LLC’s of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through Nelson Cruz & Associates, LLC’s Website or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared Nelson Cruz & Associates, LLC’s customer account data.
The works of authorship contained in the nelsoncruzandassociates.com Website (the “Website”), including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Nelson Cruz & Associates, LLC. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Nelson Cruz & Associates, LLC’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Nelson Cruz & Associates, LLC’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Web Content and Materials
The information on this Website is for information purposes only. It is believed to be reliable, but Nelson Cruz & Associates, LLC., does not warrant its completeness, timeliness or accuracy. The information and materials contained in this Website-and the terms and conditions of the access to and use of such information and materials-are subject to change without notice. Certain portions or pages of this Website are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers, and these terms and conditions, the additional disclosures and disclaimers will govern for those portions or pages. You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with Nelson Cruz & Associates, LLC, and (ii) in circumstances where locations of the Website require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
NELSON CRUZ & ASSOCIATES, LLC OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND NELSON CRUZ & ASSOCIATES, LLC., DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. NELSON CRUZ & ASSOCIATES, LLC., RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY NELSON CRUZ & ASSOCIATES, LLC TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
o Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
o Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
o Overload of system capacities
o Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
o Interruption (whether partial or total) of power supplies or other utility of service
o strike or other stoppage (whether partial or total) of labor
o Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
o Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Nelson Cruz & Associates, LLC
Links to Other Sites
Links to non- Nelson Cruz & Associates, LLC., Websites are provided solely as pointers to information on topics that may be useful to the Websites, and Nelson Cruz & Associates, LLC., has no control over the content on such non- Nelson Cruz & Associates, LLC., Websites. If you choose to link to a Website not controlled by Nelson Cruz & Associates, LLC., Nelson Cruz & Associates, LLC., makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Nelson Cruz & Associates, LLC., warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Nelson Cruz & Associates, LLC., does not guarantee the authenticity of documents on the Internet. Links to non- Nelson Cruz & Associates, LLC., sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” “AS AVAILABLE”. NELSON CRUZ & ASSOCIATES, LLC., AND THIRD-PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. NELSON CRUZ & ASSOCIATES, LLC., AND THIRD-PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, NELSON CRUZ & ASSOCIATES, LLC., WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL NELSON CRUZ & ASSOCIATES, LLC., BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NELSON CRUZ & ASSOCIATES, LLC’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
NELSON CRUZ & ASSOCIATES, LLC., AND THIRD-PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, NELSON CRUZ & ASSOCIATES, LLC., AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NELSON CRUZ & ASSOCIATES, LLC., AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING NELSON CRUZ & ASSOCIATES, LLC’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL NELSON CRUZ & ASSOCIATES, LLC., BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER NELSON CRUZ & ASSOCIATES, LLC., HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. OUR MAXIMUM, COMBINED AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT AND RELATED TO THE NELSON CRUZ & ASSOCIATES SHALL NOT, IN ANY EVENT, EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS.
You agree to indemnify and hold harmless Nelson, our subsidiaries and affiliates, successors and assigns, all officers and employees thereof, our clients and our service providers, from any and all third party claims, liability, damages, and to be responsible for all expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the Nelson Website, your violation of this Agreement or your infringement of any intellectual property or other right of anyone.
If a dispute arises out of or relates to the use of the Nelson Website, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, or some other dispute resolution procedure.
Arbitration; Class Action Waiver; Waiver of Jury Trial
If a dispute is not resolved by mediation, you agree to arbitrate all disputes and claims that arise out of or relate to your use of our Website. Therefore, you agree that, by using our Website, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of any use of our Website and disputes under these Terms of Service or with Nelson, regardless of how or when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by Nelson. The arbitration may be conducted telephonically. Unless otherwise prescribed by law, the costs of arbitration will be split evenly. In any action between you and us, the prevailing party will be entitled to receive from the other party an amount equal to the reasonable attorneys’ fees the prevailing party incurred in bringing or defending the action.
Limitation of Actions
Any claim or cause of action arising out of your use of our Website must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Nelson to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Nelson Cruz & Associates, LLC. The user’s access to and use of the nelsoncruzandassociates.com Website, and the terms of this disclaimer are governed by the laws of the State of Texas.