Terms of Use
The Terms of Use define the relationship between
Argeniss an Argentinian company
("ARGENISS"), and you, a user of the ARGENISS
website (also referred to as ARGENISS.com), and
the entity you represent (hereinafter collectively
"you" or "your"). The section headings and
subheadings contained in this Agreement are
included for convenience only, and shall not limit
or otherwise affect the terms of this Agreement.
Your use of this website is contingent upon your
agreement to these Terms of Use. By you accessing
and using this Site you are agreeing to these
Terms of Use. You should visit this page
periodically to review the current Terms of Use.
If you do not agree with this Agreement, your sole
recourse is not to use the Site.
Privacy and Protection of Personal
Information
Argeniss respects your desire for privacy. Please
see the Argeniss Privacy Statement here for
disclosures relating to the collection and use of
your information. By using the website, you are
consenting to the processing of your data by
Argeniss and consenting to the terms of our
Privacy Policy.
Materials Available on this Site
For your convenience, Argeniss makes available on
this Site various tools, utilities, software,
forums, documents and other materials for use
and/or download without charge. All of these
materials, including any updates, enhancements,
new features, and/or the addition of any new web
properties, are subject to the Terms of Use.
Argeniss does not make any assurance with regard
to the accuracy of the results or output that
derives from use of this Site. You should not
assume that the Materials on this web site are
continuously updated or otherwise contain current
information. Please respect the intellectual
property rights of others when using the materials
available on this Site.
General Use
Unless otherwise specified, and excepting third
party materials, the materials on this website are
for your personal and non-commercial use. Argeniss
grants you, the end user, a nonexclusive,
nontransferable license to copy and use the
material only for your internal purposes. You may
not copy or use the materials for others, or
mirror any portion of the Site on your Web site.
COPYING OR REPRODUCTION OF THE MATERIALS TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY ARGENISS.
Third Party Materials
For your convenience, Argeniss makes available on
this Site various tools, utilities, software,
documents and other materials for use and/or
download without charge (Freeware). Argeniss does
not make any assurances with regard to the
accuracy of the results or output that derives
from use of any Freeware. Please respect the
intellectual property rights of others when using
the Freeware made available on this Site. Argeniss
may add or remove Freeware from the Site at any
time without notice.
No Support Provided -
Argeniss endeavors to include useful Freeware on
this Site. However, no support is provided for the
Freeware and you copy and use it at your own risk.
Freeware Use License -
The Freeware is the copyrighted work of Argeniss
and/or other third parties. Use of the Freeware is
governed by the terms of the end user license
agreement, if any, which accompanies or is
included with the Freeware. You will be unable to
install Freeware that is accompanied by or
includes an end user license agreement, unless you
first agree to its terms. If no end user license
agreement accompanies or is included with the
Freeware, then the following end user license
terms apply: Argeniss grants you, the end user, a
nonexclusive, nontransferable license to copy and
use the Freeware only for your internal purposes.
You may not copy or use the Freeware for others.
COPYING OR REPRODUCTION OF THE FREEWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY ARGENISS.
WARRANTY DISCLAIMER AND LIMITATION ON
LIABILITY -
THE FREEWARE AND SITE CONTENT IS PROVIDED "AS IS"
AND ARGENISS HEREBY DISCLAIMS ALL EXPRESSED OR
IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO
THE FREEWARE, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN
NO EVENT SHALL ARGENISS AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE FREEWARE OR ARGENISS's FAILURE
TO PROVIDE ANY SUPPORT OR SERVICES FOR THE
FREEWARE. ARGENISS DOES NOT WARRANT THAT THE SITE
CONTENT OR FREEWARE WILL BE FREE FROM ERRORS,
INTERRUPTIONS, DEFECTS OR OTHER DAMAGING ELEMENTS.
Trademarks
The ARGENISS website and its content are protected
by Argentine and international copyright,
trademark, and other laws. ARGENISS's company
names and logos and all related product and
service names, design marks and slogans are the
trademarks or service marks of ARGENISS or its
subsidiaries. You may not use any ARGENISS company
name or mark in any advertising, publicity or in
any other commercial manner without the prior
written consent of ARGENISS.
Ownership, Restrictions on Use
All materials contained in this Site, including
software available for download, except
third-party materials as referenced in the Third
Party Materials section above, are the copyrighted
property of ARGENISS. To reproduce, republish,
upload, post, transmit, modify, distribute or
publicly display material from this Site for
commercial purposes, you must first obtain written
permission from ARGENISS. Permission to use
documents (such as white papers, press releases,
datasheets, and FAQs) is granted, provided that:
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The copyright notice appears in all copies and
that both the above copyright notice and this
permission notice appear;
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You will not copy or distribute graphics
separate from their accompanying text and you
will not quote materials out of their context;
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The use of such documents is for informational
and non-commercial or personal use only and
will not be copied or posted on any network
computer nor broadcast in any media; and
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No modifications of any documents are made.
Accredited educational institutions, such as
K-12, universities, private/public colleges, and
state community colleges may download and
reproduce documents from the ARGENISS website for
distribution in the classroom. Except for fair
use, distribution outside the classroom requires
express written permission. Use of any ARGENISS
software is governed by the terms of the end user
license agreement, if any, which accompanies or is
included with the software. An end user will be
unable to install any software that is accompanied
by or includes a license agreement, unless he or
she first agrees to the license agreement terms.
Any reproduction or redistribution of ARGENISS
software not in accordance with the license
agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible. Absent a license agreement that
accompanies the software, use of the software will
be governed by the Terms of Use.
The permission above to use documents and
publications does not include permission to copy
the design elements, look and feel, or layout of
this website. Those elements of the website are
protected by law, such as trade dress, trademark,
unfair competition, and other laws and may not be
copied or imitated in whole or in part. No logo,
graphic, sound or image from the website may be
copied or retransmitted unless expressly permitted
by ARGENISS.
Submission of Content
Unless
otherwise specified, ARGENISS does not claim
ownership of the materials you provide to ARGENISS
(including, without limitation, information,
freeware, ideas, concepts, techniques, feedback,
data, questions, comments and suggestions, or the
like) or post, upload, input or submit to the
website or its associated services for review by
ARGENISS, the general public, and/or by the
members of any public or private community (each a
"Submission" and collectively "Submissions"), and
such Submissions shall be deemed not to be
confidential. However, by posting, uploading,
inputting, providing or submitting ("Posting")
your Submission you are granting ARGENISS, its
affiliated companies and necessary sublicensees a
perpetual, royalty-free, irrevocable, worldwide
license to use your Submission in connection with
the operation of their businesses (including,
without limitation, all ARGENISS products and
services), including, without limitation, the
license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce,
edit, modify, translate and reformat your
Submissions; to publish your name in connection
with your Submission; develop, manufacture, and
market products incorporating such ideas,
concepts, or techniques, and the right to
sublicense such rights to any supplier of the
services and/or materials on the website.
No compensation will be paid with respect to
the use of your Submission, as provided herein.
ARGENISS is under no obligation to post or use any
Submission you may provide and ARGENISS may remove
any Submission at any time in its sole discretion.
By Posting a Submission you warrant and
represent that you own or otherwise control all of
the rights to your Submission as described in
these Terms of Use including, without limitation,
all the rights necessary for you to provide, post,
upload, input or submit the Submissions. In
addition to the warranty and representation set
forth above, by Posting a Submission that contain
images, photographs, pictures or that are
otherwise graphical in whole or in part
("Images"), you warrant and represent that
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you are the copyright owner of such Images, or
that the copyright owner of such Images has
granted you permission to use such Images or
any content and/or images contained in such
Images consistent with the manner and purpose
of your use and as otherwise permitted by
these Terms of Use and the website,
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you have the rights necessary to grant the
licenses and sublicenses described in these
Terms of Use, and
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that each person depicted in such Images, if
any, has provided consent to the use of the
Images as set forth in these Terms of Use,
including, by way of example, and not as a
limitation, the distribution, public display
and reproduction of such Images.
By Posting Images, you are granting
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to all members of your private community (for
each such Images available to members of such
private community), and/or
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to the general public (for each such Images
available anywhere on the website, other than
a private community), permission to use your
Images in connection with the use, as
permitted by these Terms of Use, of any of the
services or materials on the website
(including, by way of example, and not as a
limitation, making prints and gift items which
include such Images), and including, without
limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform,
reproduce, edit, modify, translate and
reformat your Images without having your name
attached to such Images, and the right to
sublicense such rights to any supplier of the
services and/or materials on the website. No
compensation will be paid with respect to the
use of your Images.
You acknowledge that ARGENISS does not
pre-screen Submissions, but that ARGENISS and its
designees have the right (but not the obligation)
in their sole discretion to block or restrict
access to or the availability of, or to disable,
any Submissions that are available via the
website. Without limiting the foregoing, ARGENISS
and its designees may disable, restrict access to
or the availability of, any Submissions that
violate the Terms of Use or are otherwise
objectionable. You must evaluate, and bear all
risks associated with, the use of any Submissions,
including any reliance on the accuracy,
completeness, or usefulness of such Submissions.
You understand that all Submissions, whether
publicly posted or privately transmitted, are the
sole responsibility of the person from whom such
Submissions originated. This means that you, and
not ARGENISS, are entirely responsible for all
Submissions that you upload, post, provide, input,
submit, or otherwise transmit via the website.
ARGENISS does not control the Submissions posted
via the website and, as such, does not guarantee
the accuracy, integrity or quality of such
Submissions. You understand that by using the
website, you may be exposed to Submissions from
others that are offensive, indecent or
objectionable.
ARGENISS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR
NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO
NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS
POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN ARGENISS'S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED
TO ARGENISS. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO ARGENISS OR ANYONE AT
ARGENISS. IF, DESPITE OUR REQUEST THAT YOU NOT
SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT ARGENISS MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
DO NOT SEND ANY SUBMISSIONS UNLESS YOU AGREE
WITH THIS SECTION.
Communication Services
There are
opportunities within the Site for you to actively
participate. Except for any disclosure by you for
technical support purposes, or as specified in our
Privacy Statement, all communications from you to
this web site will be considered non-confidential
and non-proprietary. You agree that any and all
comments, information, feedback and ideas
regarding our company, products or services that
you communicate to ARGENISS ("Feedback") will be
deemed, at the time of communication to ARGENISS,
the property of ARGENISS, and ARGENISS shall be
entitled to full rights of ownership, including
without limitation, unrestricted right to use or
disclose such Feedback in any form, medium or
technology now known or later developed, and for
any purpose, commercial or otherwise, without
compensation to you. You are solely responsible
for the content of your communications and their
legality under all laws and regulations. You agree
not to use this web site to distribute, link to or
solicit content that is defamatory, harassing,
unlawful, libelous, harmful to minors,
threatening, obscene, false, misleading, or
infringing a third party intellectual or privacy
rights. Although ARGENISS is not obligated to do
so, it will have the right to review your
communications on this web site to determine
whether they comply with our Terms of Use.
The website may contain e-mail services,
bulletin board services, chat areas, news groups,
forums, communities, calendars, and/or other
message or communication facilities designed to
enable you to communicate with others (each a
"Communication Service" and collectively
"Communication Services"). You agree to use the
Communication Services only to post, send and
receive messages and material that are proper and,
when applicable, related to the particular
Communication Service. By way of example, and not
as a limitation, you agree that when using the
Communication Services or the website, you will
not:
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Use the Communication Services or the website
in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages
(commercial or otherwise).
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Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
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Publish, post, upload, distribute or
disseminate any inappropriate, profane,
defamatory, obscene, obscene as to minors,
child pornography, racist, lewd, lascivious,
excessively violent, harassing, indecent,
unlawful, or otherwise objectionable topic,
name, material or information.
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Upload, or otherwise make available, files
that contain images, photographs, software or
other material protected by intellectual
property laws, including, by way of example,
and not as limitation, copyright or trademark
laws (or by rights of privacy or publicity)
unless you own or control the rights thereto
or have received all necessary consent to do
the same. Use any material or information,
including images or photographs, which are
made available through the website in any
manner that infringes any copyright,
trademark, patent, trade secret, or other
proprietary right of any party.
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Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software
or programs that may damage the operation of
another's computer or property of another.
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Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Services specifically allows
such messages.
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Download any file posted by another user of a
Communication Service that you know, or
reasonably should know, cannot be legally
reproduced, displayed, performed, and/or
distributed in such manner.
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Falsify or delete any copyright management
information, such as author attributions,
legal or other proper notices or proprietary
designations or labels of the origin or source
of software or other material contained in a
file that is uploaded.
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Restrict or inhibit any other user from using
and enjoying the Communication Services.
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Violate any code of conduct or other
guidelines which may be applicable for any
particular Communication Service.
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Harvest or otherwise collect information about
others, including e-mail addresses.
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Violate any applicable laws or regulations.
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Create a false identity for the purpose of
misleading others.
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Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or
entity any directory of users of the
Communication Services or other user or usage
information or any portion thereof.
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Use any ARGENISS domain name as a
pseudonymous return email address for any
communications that you transmit from another
location or through another service.
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Transmit unsolicited or bulk communications to
any ARGENISS account holder or to any
ARGENISS.com or affiliated email address
(regardless of whether you use the website to
transmit any such communication).
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Disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of
the website are able to type, or otherwise act
in a manner that negatively affects other
users' ability to engage in real time
exchanges.
ARGENISS has no obligation to monitor the
Communication Services. However, ARGENISS
reserves the right to review materials posted to
the Communication Services and to remove and/or
edit any materials in its sole discretion.
ARGENISS reserves the right to terminate your
access to any or all of the Communication Services
at any time, without notice, for any reason
whatsoever.
ARGENISS reserves the right at all times to
disclose any information as ARGENISS deems
necessary to satisfy any applicable law,
regulation, legal process or governmental request,
or to edit, refuse to post or to remove any
information or materials, in whole or in part, in
ARGENISS' sole discretion.
Always use caution when giving out any
personally identifiable information about yourself
or your children in any Communication Services.
ARGENISS does not control or endorse the content,
messages or information found in any Communication
Services and, therefore, ARGENISS specifically
disclaims any liability with regard to the
Communication Services and any actions resulting
from your participation in any Communication
Services. Managers and hosts are not authorized
ARGENISS spokespersons, and their views do not
necessarily reflect those of ARGENISS.
Materials uploaded to the Communication
Services may be subject to posted limitations on
usage, reproduction and/or dissemination; you are
responsible for adhering to such limitations if
you download the materials.
Endorsements; Web Links
All products
and service marks contained herein that are not
ARGENISS marks are the trademarks of their
respective owners. References that we make to any
names, marks, products or services of third
parties or hypertext links to third party sites or
information do not necessarily constitute or imply
ARGENISS' endorsement, sponsorship or
recommendation of the third party, information,
product or service. ARGENISS has not tested and
makes no representations concerning the
information provided or made available on such
sites nor the correctness, quality, performance,
or acceptability of the products or services
offered by any persons or entities referenced in
any such sites. ARGENISS IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. ARGENISS IS
PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY THAT ARGENISS ENDORSES OR ACCEPTS ANY
RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY
SITES. You should research and assess the risks
which may be involved in accessing and using any
software on the Internet before using it. When you
access a non-ARGENISS web site, you acknowledge
that it is independent from ARGENISS, and that
ARGENISS has no control over the content on that
web site and does not endorse or accept any
responsibility for the content, or the use, of
such web site.
Advertisements and Promotions
ARGENISS may run advertisements and promotions
from third parties on the website. The manner,
mode and extent of advertising by ARGENISS is
subject to change. Your correspondence or business
dealings with, or participation in promotions of,
advertisers other than ARGENISS found on or
through the website, including payment and
delivery of related goods or services, and any
other terms, conditions, warranties or
representations associated with such dealings, are
solely between you and such advertiser. ARGENISS
is not responsible or liable for any loss or
damage of any kind incurred as the result of any
such dealings or as the result of the presence of
such non-ARGENISS advertisers on the website.
No Support Provided
ARGENISS
endeavors to include useful materials on this
Site. However, no support will be provided for the
materials you copy. You are using this Site at
your own risk.
Warranty Disclaimer and Limitation on
Liability
THE MATERIALS AND SITE CONTENT IS
PROVIDED "AS IS" AND ARGENISS HEREBY DISCLAIMS
ALL EXPRESSED OR IMPLIED WARRANTIES AND CONDITIONS
WITH REGARD TO THE MATERIAL AND SITE CONTENT,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
ARGENISS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THE MATERIALS PROVIDED HEREIN OR ARGENISS'
FAILURE TO PROVIDE ANY SUPPORT OR SERVICES FOR THE
MATERIALS PROVIDED HEREIN.
Indemnity
You hereby release, and
agree to indemnify and hold harmless ARGENISS and
its subsidiary corporations and their respective
officers, employees and agents from any and all
claims, demands, causes of actions, liabilities,
damages, costs and expenses, including reasonable
attorneys' fees, arising out of your use or
viewing of the ARGENISS website and its content.
Export and Import Controls
You will
not transfer, export, or re-export the materials,
any related technology, or any direct product of
either except in full compliance with the export
controls administered by Argentina and other
countries and any applicable import and use
restrictions.
Termination, Modifications, and Suspension
ARGENISS may discontinue, suspend, or modify the
ARGENISS.com website at any time without notice,
and ARGENISS may block, terminate, or suspend
your and any user's access to ARGENISS.com at any
time for any reason in its sole discretion, even
if access continues to be allowed to others.
ARGENISS's failure to act with respect to a
breach by you or others does not waive ARGENISS's
right to act with respect to subsequent or similar
breaches. The failure of ARGENISS to exercise or
enforce any right or provision of these terms and
conditions shall not constitute a waiver of such
right or provision.
Controlling Law
These Terms of Use
and your agreement to them will be governed by
Argentinian law, without regard to Argentina's conflict
and choice of law provisions. If any provision is
held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, the remaining
provisions shall remain in full force and effect
to the maximum extent permissible. In the event a
dispute arises out of or relating to these Terms
or Use, or your use of or access to this site, any
cause of action with respect to ARGENISS or this
Agreement must be instituted within one year after
the claim or cause of action has risen or be
barred and must be brought in a court of competent
jurisdiction within Argentina.
International Availability
This site
is controlled and operated by ARGENISS from its
offices in Argentina. ARGENISS makes no
representation that the materials available on
this site are appropriate or available for use in
other locations, and access to them from
jurisdictions where the contents are illegal is
prohibited. THE WEBSITE, DOCUMENTS AND
PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND
MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO
ARGENISS PRODUCTS, PROGRAMS, AND SERVICES THAT
HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR
COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT
ARGENISS INTENDS TO MAKE AVAILABLE SUCH PRODUCTS,
PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT
YOUR LOCAL ARGENISS BUSINESS CONTACT FOR
INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND
SERVICES WHICH MAY BE AVAILABLE TO YOU.
No Unlawful or Prohibited Use
As a
condition of your use of this website, you will
not use any products or services contained herein
for any purpose that is unlawful or prohibited by
these terms, conditions, and notices or by
applicable law. You may not use this website or
its contents in any manner that could damage,
disable, overburden, or impair any ARGENISS
server, or the networks connected to any ARGENISS
server, or interfere with any other party's use
and enjoyment of this website or any of its
products and services. You may not attempt to gain
unauthorized access to any services, accounts,
computer systems, or networks connected to any
ARGENISS server or to any of the services,
through hacking, password mining, or any other
means. You may not obtain or attempt to obtain any
materials or information through any means not
intentionally made available through this website.
Revisions of Terms of Use
ARGENISS
may amend or modify these Terms of Use at any time
without notice. Any use of the site by you after
such update shall be deemed to constitute
acceptance by you of such amendments or
modifications. The most current version of the
Terms of Use can be reviewed by clicking on the
"Terms of Use" hypertext link. To make your review
more convenient, we will post a version number or
date at the bottom of this page. This Agreement
may not be changed or modified without the written
consent of ARGENISS. You should visit this page
periodically to review the current Terms of Use.