Please read these terms and conditions carefully before using josegraca.com. By selecting the "accept" button, and saving or using our software and apps, you (the user) agree unconditionally to the following terms and conditions of josegraca.com (referred to herein as “we,” “our,” “us” or “josegraca”) which we may modify at any time without notice. If you do not agree to these privacy policies and terms and conditions, or if you do not have the right, power and authority to agree to and be bound by these terms and conditions, you may not use josegraca.com cloud software and apps. If applicable, please close this window and do not proceed with registration. These terms and conditions apply besides josegraca.com also to any websites, intranets, and training programs owned, produced, or marketed by Bizmoni Corp., specifically including but not limited to: bizmoni.com, businessmasterchef.com, cookabusiness.com and their extensions.
SECTION ONE
(Software use)
Our cloud software and apps may only be accessed through a browser or run in a smartphone app provided by us, via the applicable remote application compatible with your mobile telecommunications device. Access to the App will only be supplied over the internet in accordance with our price list and conditions.
SECTION TWO
(User Rights and use)
You are entitled to use our cloud software and apps only under the terms and conditions stated in this document. You agree to provide truthful information when registering and to update your information as necessary to keep your information accurate. You are solely responsible for maintaining the security of your access name and password. You agree to notify us immediately of any unauthorized use of your account name, password or account. We shall not be responsible for any losses arising out of the unauthorized use of the remote cloud software and apps through your account. We may cooperate with regulatory authorities and law enforcement, and may disclose information (including your account information) about or provided by you to any authority, government official, service provider, business partner or a third-party without prior notice.
SECTION THREE
(Restrictions User rights)
You are granted a limited, non-exclusive, non-transferable license to access and use the remote cloud software and apps. You are not authorized to copy, distribute, modify, translate, reproduce or transfer your user rights. You may not sell, sublicense, rent, lease or lend the remote cloud software and apps to anyone. You may not conduct business reengineering, recompilation, disruption or otherwise attempt to discover the source code of the remote cloud software and apps or create work based on the remote cloud software and apps. You agree that you will not use the remote cloud software and app for any unlawful purpose and will only use the remote cloud software and app in accordance with the applicable laws and jurisdiction under which the remote cloud software and app is supplied, including but not limited to, applicable restrictions concerning copyright and other intellectual property rights and patents.
SECTION FOUR
(Intellectual Property)
The remote cloud software and app and all rights related thereto, including the rights of intellectual and industrial property, including copyright, trademark and patents, are owned by us and protected by law and may not be used outside the terms and conditions of this document.
SECTION FIVE
(Disclaimers)
You agree that: a) the remote cloud software and apps are provided "as is" without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. We, its affiliates and suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; b) We, its affiliates and suppliers make no representations, warranties or guarantees that the remote cloud software and apps will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto or that use or results of the use of the remote cloud software and apps (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors; d) We may include links to sites that are owned or operated by third parties. By linking to such third-party sites, you shall review and accept the rules of these third-party sites before using. All of these sites will have separate privacy and data collection practices and legal policies independent of these terms and conditions to which you will be subject if you visit or use the linked site; e) We do not have any control over the content of third-party websites and cannot be held responsible for the content of such websites. We are not responsible for the contents of any linked sites and do not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk) We disclaim all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or any way related to: (i) your use of the remote cloud software and apps; (ii) the unavailability of the the remote cloud software and apps; (iii) your use of any equipment or software in connection with the remote cloud software and app; (iv) any third-party web sites or content on the site or that are directly or indirectly accessed through the the remote cloud software and apps; or (v) any errors in or omissions in or from the the remote cloud software and apps.
SECTION SIX
(No other obligations)
This Agreement does not create an obligation for us, beyond those that are specifically set forth herein as part of this agreement.
SECTION SEVEN
(Limitation of Liability)
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we, its affiliates or suppliers be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the the remote cloud software and app, including, without limitation, damages for lost profits, loss of good will, loss of data, work stoppage, accuracy of results, computer failure or malfunction, business interruption, corruption of files, loss of business information or any other pecuniary loss, even if we have been advised of the possibility of such damages.
SECTION EIGHT
(Content)
By using the remote cloud software and app you agree: a) not to use material that will contain any item that is unlawful or otherwise unfit for public release; b) take reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; c) you are the owner of the material or have the unlimited right to provide the material; d) not to take any action against us for used materials and indemnify us for actions taken against any third-party in relation to submitted materials; e) you accept that we have no obligation to review posted contents and is not responsible for such content but may remove any content posted by you without previous notice.
SECTION NINE
(Indemnification)
You agree to defend, indemnify and hold us, its affiliates and suppliers harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from and related to your use of the the remote cloud software and apps.
SECTION TEN
(Confidentiality)
All information disclosed herein is considered confidential and the property off josegraca.com and marked by the term "Confidential Information"; b) You undertake to maintain utmost secrecy off all Confidential Information received under these terms and conditions, committing not to use such information for any reason other than set forth herein, without the prior written consent of josegraca.com; c) In order to protect the Confidential Information received from josegraca.com, you agree to apply such information with the same security procedures that you use to protect your own confidential information; d) The disclosure of the Confidential Information referenced herein, shall not give rise to any right or license registration on any intellectual property or know-how; e) All documents written in any medium, containing Confidential Information, graphics and other material components received by you are the property of josegraca.com.
SECTION ELEVEN
(Personal Data)
You acknowledge and authorize the collection and processing of your personal data by us. Your personal data will be processed and stored and can be used by us under these terms and conditions for direct marketing purposes or any other form of market research in order to promote products and services. For these purposes, we may assign the data to a third-party, guaranteeing that such assignment will be made in accordance with appropriate requirements, and will comply with security measures that guarantee confidentiality. You are granted the right to access, correct, update or delete personal data.
SECTION TWELVE
(Notices)
We can only be contacted by correspondence through the following email: hello@josegraca.com or through its online help function embed into the software.
SECTION THIRTHEEN
(Applicable law and general provisions)
This agreement is governed by the laws of the state of DELAWARE USA. All disputes arising out of or related to these terms and conditions shall be within the exclusive jurisdiction of the state of DELWARE USA unless josegraca.com agrees to accept a different jurisdiction. This document constitutes the entire terms and conditions of the remote cloud software and apps between you and us, replacing any and all prior terms and conditions.
SECTION FOURTEEN
(Registration and notification)
If applicable, you have pre-registered to us which gives you access to free cloud software and app use. In the event a person you refer to us becomes registered into us, you may be compensated with credits which may be used to upgrade your account, advertise, and/or buy products and services within our future Digital Economy. You will be notified by email when we will be available for use and the date of our BETA LAUNCH.