1.- OWNERSHIP OF THE SITE AND AGREEMENT TO TERMS OF USE. These terms and conditions of use (hereinafter, the “terms of use”) apply to the website of Martínez Servicios Jurídicos, MSJ, SRL whose domain is www.msj.do and all its related sites. The website is property of Martínez Servicios Jurídicos, MSJ, SRL (hereinafter, “MSJ”). By using the website, you agree to the present terms of use. If you do not agree, please refrain from using it.

These provisions regulate the use of the website service that MSJ makes available to Internet users. The use of the Portal attributes to the user condition of the portal and implies the acceptance of all the conditions included in this document.

MSJ, has its registered office at Av. 27 de Febrero 495, Torre Fórum, Suite 8E, Santo Domingo de Guzmán, National District, Capital of the Dominican Republic. Phone: 829.893.5656 Fax: 809.683.4524. Email :  info@msj.do.

MSJ reserves the right, at its sole discretion, to change, modify, add or remove fragments of the terms of use at any time. It is your responsibility to check these terms of use periodically for changes and updates. If you continue to use the site after the publication of modifications, it will be understood that you accept them. As long as you abide by these terms of use, MSJ grants you a personal, limited, non-transferable and non-exclusive privilege to access and use the site.

2. CONTENT. All the contents of the Portal, understood as merely enunciative, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, user interfaces, visual interfaces, trademarks, logos, illustrations and programming code including, without limitation, the design, structure, selection, coordination, expression, style and organization of said content, included by the site (hereinafter, the “content”), are intellectual property of MSJ or third parties,and it cannot be construed that any of the operating rights thereof have been assigned to the user beyond those that may be strictly necessary for correct operation of the web site

Unless these terms of use explicitly state otherwise, copying, reproducing, republicating, uploading, submitting, publicly displaying, encoding, translating, transmitting or otherwise distributing any part or content of the site is not permitted on any other computer, server, website or other means of publication or distribution without the prior written consent of MSJ.

There are spaces on our page where your comments, opinions or other non-personal information, provided to MSJ, can be made available to the public. In this regard, the laws pertaining to copyright must be respected in your statements. Authors or associations representing authors, who understand that such statements have violated their registered copyright, may notify MSJ of such a situation.

3. INFORMATION Access to the Website does not imply an obligation on the part of MSJ to verify the truthfulness, accuracy, adequacy, suitability, completeness or current nature of the information provided through it. The content of this page is of a general nature and does not in any way entail the provision of a legal or fiscal advice service or any other kind of service. So said information is insufficient for the user to make personal or business-related decisions.

MSJ is not liable for any decisions made on the basis of the information provided on the website or for any damages caused to the user or third parties due to actions based solely on the information obtained on the Website.

4.- QUALITY AND AVAILABILITY OF THE SERVICE. Access to the Website implies no duty on the part of MSJ to ensure the absence of viruses, worms or any other form of malware. In any event, the use of adequate tools to detect and remove harmful computer software is the responsibility of the user.

MSJ accepts no responsibility for any harm caused to users’ or third parties’ computer equipment during the provision of the portal’s services.

Access to the Website requires services and supplies from third parties, including transfers via telecommunications networks whose reliability, quality, continuity and functioning do not correspond to MSJ. Therefore, the services provided through the portal may be suspended, canceled or become inaccessible, prior or simultaneous to the provision of the portal service.

MSJ is not liable for damages or losses of any kind caused to the user as a result of failures or disconnections in the telecommunications networks that produce the suspension.

5.- USAGE POLICY. It is prohibited to probe, scan or test the vulnerability of the site or any network connected to the Site, nor to breach the security or authentication measures on the site or any network connected to the site
It is not permitted to track or search for user’s data, data of visitors of the site or other clients of MSJ. Nor is it allowed to exploit in any way, the site or any other service or information available or provided through the ite, with the purpose of revealing information, including without limitation, the personal identification or the not personal information provided by the sites.

You agree not to take any action that causes a disproportionate or unnecessary saturation in the infrastructure of the site or in the systems or networks of MSJ, as well as in the systems and networks connected to the site or to MSJ. You agree not to use any device, program or routine in order to try to interfere in the correct functioning of the site or any transaction carried out in it, nor in the use that other people are making of the site.

It is forbidden both the incorporation of headers and the manipulation of other identifiers in order to hide the origin of the messages that are sent to MSJ, the site or the services offered through it. Furthermore, the impersonation of other individuals or entities is illegal. The use of the Site or its content for unlawful or illegal purposes, under this agreement, is prohibited. At any time and without prior notice, MSJ reserves the right to: (1) modify, suspend or terminate the operation or access to part or all of the site for whatever reason; (2) modify or change part or all of the site, as well as any applicable policy or condition; and (3) interrupt the operation of part or all of the site, when a need emerges to carry out maintenance tasks, correction of errors or other changes.

6.- LINKS. Organizations of the type described below may create links to our website without prior written consent:
• Government institutions
• Chambers of commerce and production, duly accredited
• Search engines
• News companies
• Companies that manage business directories on the internet that have enlisted us in their directory, can create links to our website in the same way they create links to other lawyer’s offices.

MSJ reserves the right to approve, at its sole discretion, other link requests of the type of organizations described below:

• Publicly recognized organizations that group merchants, entrepreneurs or consumers • Non-profit organizations or groups of non-profit organizations
• Educational institutions

The institutions or organizations described above will be authorized to create links with MSJ if we determine that: a) the link does not negatively reflect on the reputation of our firm or our related companies; b) the company or organization has a history of conduct that matches our business values; and c) the existence of the link benefits the public image of our firm.

These organizations or companies may create links to our website if the link: a) is not in any way deceptive; b) does not falsely suggest that our firm sponsors, supports or provides support to the company or organization in question or to its products, c) it fits the context and design of our website.

If your company or organization is among those listed in paragraph two and you are interested in creating a link with our firm, you can notify us by sending an e-mail to info@msj.do. Please include your name, the name of your company or organization, contact information, such as phone number or email, as well as the URL of your website on which you intend to create the link to ours. The response time will be approximately two to three weeks.

Approved companies or organizations can create links to our page in any of the following ways:

• By using our corporate name: “Martínez Legal Services, MSJ, SRL” or the initials of our name: “MSJ”
• By using our internet address
• By using any other description of our website that accords with the content and context of our website.
• The use of the design of our brand, of our logo or another distinctive sign or registered trademark owned by MSJ will not be allowed.

6.1. “FRAMING” OR FRAMED PAGES. Without our express, prior and written approval, no one can create a “framing” or box of our page, or use any other technique that alters in any way the presentation or the visual aspect of our website.

6.2. LIABILITY FOR CONTENTS. MSJ will not be liable or responsible for any content that appears on the website of any of our visitors or links. Every visitor or link agrees to indemnify MSJ for any and all claims filed arising out of information contained on its website. No link with MSJ may contain on its website or in any context, material that may be interpreted as defamatory, obscene or criminal, or that infringes or violates or encourages the violation of the rights of third parties.

6.3. RESERVATION OF RIGHTS. We reserve the right, in our sole discretion and at any time, to request any link with us to be removed. The user agrees to immediately remove any link at the time it is required. We also reserve the right to modify these terms and conditions and the link policy at any time. The fact of continuing being linked to our website implies that the user agrees to these terms and conditions and to respect them.

6.4. LINKS ON OUR WEBSITE. It is possible that we place on our website, links to other pages that we consider of interest to our visitors. These pages may offer government or educational information and will be controlled by third parties (their owners).

We are not responsible for the content of any of the linked pages through ours, for any other link made through those pages, or for any change or update to the information contained therein. We provide links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by MSJ for the content of the site, its operation or the products or services the owner company provides. The access to any website, through a link on our page, is made at the user’s sole risk.

We strongly recommend to read any terms and conditions, privacy policy, disclaimer or any other notice on any of the websites of other organizations. Under no circumstances will we accept responsibility or liability, direct or indirect, for any damage or loss caused or alleged to have been caused, in connection with the use, or in relation to the content, products or services available on or through any other website.

If you find any link on our website, whose content you consider objectionable for any reason, please contact us regarding it. We will seriously consider removing any link, but we will not be obligated to do so or respond to you directly.

7. PRIVACY POLICY. Commitment of MSJ to internet security. We have used technological and administrative procedures to protect the personal information of our customers and visitors. All our collaborators with access to the personal information of our clients, obtained through our website, are equally committed and obliged to adhere to this policy as part of their contract of work with MSJ.

MSJ can receive personal information via the Internet, including name, address, email address, telephone number and fax number. MSJ may also receive corporate information exclusively from its owners, which may be of a personal nature.

MSJ will not knowingly receive, nor maintain any personal information received, related to minors under 18 years of age. In addition, no section of our page is designed to attract any minor.

8. USE OF RECEIVED INFORMATION. Unless you authorize any other use, MSJ will use your personal information only for the purpose for which you have provided it, such as to respond to an email, address your requests or complaints and to keep you informed about the cases we are handling for you.

If your personal information has changed, or if you would like to correct the information already provided, please send us a message with the updated or corrected information to info@msj.do. Please specify the purpose of the provided personal information in order to locate it more quickly.

9. USE OF “COOKIES” AND ONLINE TRACKING. Our website is not configured to receive, store or distribute personal information that has not been provided by our visitors. Our page registers certain kind of non-particular information, such as number of “clicks” and visits to our site. This information is used for internal purposes by our technical staff, with the aim of providing better service to the public, but it will always be statistical data that does not contain any personal information and that can not be used to obtain this kind of information. Although our site recognizes when a visit has occurred, it does not provide the visitor’s identity or email address.

The use of this tool allows us to obtain more information about your preferences and customize our website in accordance with your individual interests. The purpose of this Cookie Policy is to explain the cookies used on this site clearly and precisely.

In our website we use the audience measurement system known as Google Analytics, a Google online analysis tool which lets us know how users interact with our website. Also, it enables cookies on the domain of the website that you are visiting and uses a set of cookies called “__utma” and “__utmz” to collect information in an anonymous form and to create reports on website trends without identifying the individual users.

Together with our server log files, they allow us to identify the total number of users that visit our website and those parts of it that enjoy greater popularity. Thanks to them we obtain information that can help us improve navigation and offer a better service to users and customers.

If you interact with our website’s content, third party cookies might be enabled (for example by pushing social network buttons or by watching videos hosted on other websites). Third-party cookies are those established by a domain different from our Website. We can not access the data stored in the cookies of other websites when browsing them.

The link to the Google website is included below, where you can read the description of the type of cookies used by Google Analytics and its expiration period: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=es

In any case, we like to inform you that since the cookies are not required for the use of our Website, you can block or disable them by activating the settings on your browser which allows you to refuse the installation of all cookies or some of them. The grand majority of browsers can be set to warn users of the presence of cookies or to automatically reject them. If you reject them, you can still use our website, although the use of some services may be limited and therefore your experience on our website will be less satisfactory.

10.- MSJ ACCESS. These provisions govern the provision of the MSJ Access service  by MSJ. MSJ places at its client’s disposal the referred service so that the latter is free to use telematic access to information of services provided by the firm, and can perform operations that are available and enabled in this service, through our website .

The existence of, at least, a service contract in force is a necessary requirement for the client to access this service. It is also necessary that you have been provided with a User name and Password. The use of this service implies charges in addition to the costs of the tariffs of the telecommunications service providers.

The access and use of this service by the client implies having read, understood and accepted all the terms and conditions described below; and agreeing that the use of its service is under his sole and exclusive responsibility. If you do not agree with the content of these conditions, please refrain from accessing this service and operating through it.

The client undertakes and guarantees that any activity developed by him / her through this service will be in accordance with the law, will be correct and diligent and undertakes to exercise the utmost diligence and prudence when accessing and using the services offered. The customer will be responsible for damages of any nature that MSJ may suffer as a result of the misuse or breach of these conditions.

If the service requires information, the client agrees to provide truthful and accurate data. It also undertakes not to introduce data on ideology, union affiliation, religion, beliefs, racial origin, health or sexual life in the free descriptive fields.

MSJ reserves the right to modify the conditions of the provision of the MSJ ACCESS service, in order to improve its quality and effectiveness, both with respect to its own rules of operation, and regarding the identification and validation procedures. Likewise, MSJ may modify the services provided, or suspend it totally or partially for technical, security, control or any other justified reasons.

To access MSJ ACCESS, MSJ will provide the customer with a User name and Password, which will identify the customer in their relationship with MSJ. The client commits to keep this password absolutely secret, so that no one else has access to the services offered. Therefore, the client may not assign or be replaced by third parties in the exercise of the rights and commitments imposed. MSJ will not be responsible for the damages that the client may suffer due to the breach of the obligation assumed hereunder. MSJ is entitled to demand in certain transactions, additional securities, such as a second password, second user, or others.

The client, through the user and the password that has been provided or enabled, can identify himself to MSJ and execute the different operations that are available at that moment. In order to access the service, the client must have the physical means to receive or transmit via Internet the information provided herein. The client will acquire and maintain at his own cost and expense all the equipment and means of communication necessary to use MSJ ACCESS. MSJ will not be responsible for the inability to make use of this service due to limitations inherent to the equipment or networks destined to such use. MSJ won’t be liable in events when fortuitous case or force majeure prevent the operation of MSJ ACCESS or its applications. The links, equipment and other means necessary to access this and other internet resources are entirely at the client’s expense.

MSJ will ensure that access to this service, as well as its services and functionality, is available to the client twenty-four (24) hours, every day, without prejudice to the limitations and restrictions of specific operations established by MSJ. MSJ reserves the right to interrupt or suspend the service due to technical and security difficulties, due to problems that may arise due to cuts in telephone service, energy, etc.; likewise, it may establish limits to the transactions to be made through the service. MSJ may, without any compensation, deny uses or transactions, temporarily or permanently block, cancel or revoke all or part of the services or operations in the following events: 1. In the event of irregularities in the use of any of the services. 2. As a security measure for MSJ or for the client due to irregularities or circumstances that imply such actions.

MSJ will not be liable for damages of any nature that the customer may suffer as a consequence of an impossibility, delay or deficient transmission of the requested data or operations, failures in telephone networks or others, when such situations are due to unforeseeable circumstances or force majeure; in events of technical problems, maintenance activities or suspension of access to the website of the firm. MSJ will not be responsible if operations cannot be carried out because of reasons attributable to the client, such as lack or inadequacy of resources in his products or because of improper service operation, omissions or insufficiency of information in forms and requests, for damage in the data transmission systems, and others that are beyond the control of MSJ.

Any inconvenience or suspicion of abusive access o violation of the password and/or user privacy, suspicion of fraud or any other fact that affects or may affect the operation of MSJ ACCESS, must immediately be communicated to MSJ trough any of the written communication channels that are indicated on the website.

11.- RAPID INFORMATION (IR). By voluntarily providing your personal data to subscribe to our IR service and accept its sending, you expressly authorize MSJ to use and process your personal data to manage your subscription and send you periodically by electronic means said Bulletin. You may revoke, at any time, easily and free of charge, your consent to receiving messages from MSJ messages, and consequently, process your withdrawal from the IR service through the email info@msj.do. MSJ expresses its commitment to confidentiality regarding the processing of your personal data. You have the right to access the information that concerns you, rectify it if it is wrong, cancel it or oppose to it being processed through the email provided.

12. SUGGESTIONS REGARDING OUR PRIVACY POLICY. If you have any complaint about our privacy policy, please contact us via info@msj.do

13. LIMITATION OF LIABILITY. Except where prohibited by law, MSJ will not be liable for any indirect, exemplary, accidental or incidental damages, including loss of profits, even if it has been aware of the possibility that such damages may occur.

14. FAILURE TO COMPLY WITH TERMS OF USE. You agree that MSJ may, at its discretion and without prior notice, disable your access to the site or block it if it considers that you have breached the terms of use or other agreements or guidelines associated with the use of the site. You also agree that the breach of these conditions of use constitutes an illicit and unfair business practice, which causes irreparable damage to MSJ, which may not be corrected with financial compensation, for which you give your consent to MSJ to obtain any judicial compensation or equitable that it deems necessary or appropriate in such circumstances. These compensations are added to those that correspond to MSJ by law.

15. RELEVANT LEGISLATION AND CONFLICT RESOLUTION. You agree that all matters related to your use and access to the site, including conflicts, will be governed by the legislation of the Dominican Republic, regardless of the provisions on conflict of laws. You consent that the place of personal jurisdiction is the city of Santo Domingo de Guzmán, Distrito Nacional, and waive objections in said courts.

16.- VARIOUS. In case a competent jurisdiction considers that any of the provisions of these conditions is null or can not be applied, said provision shall be limited or eliminated to the minimum extent permissible, and replaced by a valid one that represents the intentions of this agreement, so that they continue to be valid. These conditions constitute an entire agreement between you and MSJ in relation to the use of the site, and supersede any agreement or oral or written contract that previously existed between the parties.

17.- COMMENTS AND INFORMATION. Any comments you post on this site will be treated in a non-confidential manner. MSJ is free to use your opinions without any restriction.

The information on this website is subject to change without notice.
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