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​Términos y Condiciones

SOFTWARE PURCHASE AND TERMS OF USE AGREEMENT OF AWARENESS FACILITATORS, LLC, A MISSOURI LIMITED LIABILITY COMPANY D/B/A PROFUNDIZA (“PROFUNDIZA”):
THE LEGAL AGREEMENT KNOWN AS SOFTWARE PURCHASE AND TERMS OF USE AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERNS YOUR USE OF THE RESTAURANT PLATFORM ON THE PROFUNDIZA WEBSITE  IDENTIFIED AS WWW.PROFUNDIZA.COM (HEREINAFTER, THE
“SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS.
BY CLICKING "I AGREE, AND I HAVE READ THE SOFTWARE PURCHASE AND TERMS OF USE AGREEMENT", YOU ARE AGREEING THAT THE TERMS IN THIS AGREEMENT WILL APPLY IF YOU CHOOSE TO PURCHASE, ACCESS OR USE THE SERVICE, AND YOU WILL BE FULLY BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
PROFUNDIZA is the provider of the Service, which permits you to engage in online learning via the Restaurant Platform on the PROFUNDIZA website. The Service is intended to provide individuals and business professionals with online learning that focuses on how to effectively run and operate a Hispanic restaurant including, but not limited to: formula break even, food cost, liquor cost, beer cost, menu engineering, labor cost, budgets, inventories, POS systems, recruiting, hiring, training, evaluating, captacion, emotional intelligence, communication, providing and receiving criticism, and building teams that trust. PROFUNDIZA, in its sole and absolute discretion, may cover some of the above, and not all, or may substitute certain other topics as it deems appropriate under the circumstances. PROFUNDIZA will include educational materials, videos and information, to help you implement the procedures learned at the program.
The Service may, at times, include the right to use PROFUNDIZA’s HONEY Software during promotional periods or upon payment of a separate fee for such right to use the HONEY Software. As a promotional offer, upon your purchase of the Service, PROFUNDIZA will provide you with two (2) months of free usage of the HONEY Software. After the two (2) month period concludes, PROFUNDIZA charges a separate monthly fee for use of the HONEY Software, which monthly fee shall be automatically due the first day of the calendar month that is two (2) months after your purchase of the Service. At present, the monthly fee for use of the HONEY Software is $50.00 per month. The monthly fee for use of the HONEY Software may change, from time to time, in the sole and absolute discretion of PROFUNDIZA.
PROFUNDIZA is not an accredited educational or learning institution. The Service and materials provided result from and are created from the experience of restaurant owners and managers, and what did and did not work for such individuals in running and operating a Hispanic restaurant. The Service and materials provided may or may not work for you and, as set forth hereinafter, you are using this Service and materials provided at your own risk, and assume all liability and responsibility for your own successes and failures in running and operating your own restaurant and/or other businesses.
By accepting this Agreement, you represent that you understand and agree to the foregoing, and you agree to the terms and conditions that follow.
PAYMENT: You agree to timely pay when due, as determined by PROFUNDIZA, any and all fees for usage of the Service including, but not limited to the HONEY Software. As set forth herein, the fee for the Service, including the HONEY Software, may change, from time to time, in the sole and absolute discretion of PROFUNDIZA.
YOUR ACCOUNT: As a registered user of the Service, you may establish an account ("Account") in accordance with the Usage Rules, below. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify PROFUNDIZA of any security breach of your Account. PROFUNDIZA shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Service, and you agree to update your registration data to keep it accurate and complete. You agree that PROFUNDIZA may store and use your registration data to maintain your Account. You may not create an account for anyone other than yourself without that person’s permission.
USAGE RULES: You agree to use the Service in compliance with these usage rules. PROFUNDIZA reserves the right to modify the usage rules at any time. You are authorized to use the Service only for your own personal use. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, reproduce, resell or otherwise tamper with the Service, including, without limitation, the HONEY Software, and you shall not attempt or assist another person in doing any of the foregoing acts.
PRIVACY: You are responsible for the personal information you choose to submit. PROFUNDIZA does not share the information you submit with any third-parties.
SUBMISSIONS TO THE SERVICE: The Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or other unlawful conduct, or be obscene, objectionable or in poor taste. You also agree that you have obtained all necessary rights and licenses to make such submissions. You agree to provide accurate and complete information in connection with your submission of any materials on the Service. You hereby grant PROFUNDIZA a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service or in providing or marketing the Service, without any compensation or obligation to you. PROFUNDIZA reserves the right to not post or publish any materials and to remove or edit any material, at any time in its sole discretion, without notice or liability.
PROFUNDIZA has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that PROFUNDIZA, in its sole discretion, deems appropriate, including, without limitation, termination hereunder.
THIRD-PARTY MATERIALS: Certain content, and services available via the Service, may include materials from third parties. PROFUNDIZA may provide links to third-party web sites as a convenience to you. You agree that PROFUNDIZA is not responsible for examining or evaluating the content or accuracy of any of the foregoing, and PROFUNDIZA does not warrant and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that PROFUNDIZA is not in any way responsible for any such use by you.
INTELLECTUAL PROPERTY: You agree that the Service, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software (including but not limited to the HONEY Software) used to implement the Service, contains proprietary information and material that is owned by PROFUNDIZA and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service (including, without limitation, the Honey Software) in any form or manner, and you shall not exploit the Service in any unauthorized way whatsoever.
Notwithstanding any other provision of this Agreement, PROFUNDIZA and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Service at any time without notice. In no event will PROFUNDIZA be liable for making any changes. PROFUNDIZA may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights and/or intellectual property in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software (including but not limited to the HONEY Software) are owned by PROFUNDIZA and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE HONEY SOFTWARE), EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND/OR INTELLECTUAL PROPERTY INFRINGEMENT.
PROFUNDIZA, the PROFUNDIZA logo, and other PROFUNDIZA trademarks, service marks, graphics, and logos used in connection with the Service are or may be trademarks or registered trademarks of PROFUNDIZA in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and/or any use of such trademarks.
TERMINATION: If you fail, or PROFUNDIZA suspects that you have failed, to comply with any of the provisions of this Agreement, PROFUNDIZA, at its sole discretion, without notice to you may immediately: (i) terminate this Agreement and/or your Account; and/or (ii) terminate any right to use and/or then existing license to the Service; and/or (iii) preclude access to the Service (or any part thereof). PROFUNDIZA reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and PROFUNDIZA will not be liable to you or to any third party should it exercise such rights.

ACKNOWLEDGEMENT AND ASSUMPTION OF RESPONSIBILITY/RISK: You understand that the Service provided by PROFUNDIZA and your use thereof is advisory and includes suggestions based upon practical experiences, without any guaranties or warranties, express or implied. It is your responsibility to comply with all past, present, and future federal, state, municipal and/or local laws and regulatory requirements. You are solely responsible for all outcomes, positive or negative, that result from your decisions in utilizing the Service and information learned or acquired as part thereof or in any way associated with, related to or stemming from the Service, this Agreement, or PROFUNDIZA. You understand that it is your responsibility to consult with your own professional service providers (i.e., attorneys, CPAs, etc.), and you accept full responsibility, waiving all rights to liability or any claims against PROFUNDIZA or any of its directors, officers, managers, members, employees, affiliates, agents, contractors or licensors. 

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
PROFUNDIZA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PROFUNDIZA MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY PROFUNDIZA HEREIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN NO CASE SHALL PROFUNDIZA, ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT OR SOFTWARE) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PROFUNDIZA'S LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID TO PROFUNDIZA FOR USE OF THE SERVICE, AS LIQUIDATED AGREED TO DAMAGES, AND PROFUNDIZA’S LIABILTY FOR ANY AND ALL DAMAGES SHALL BE LIMITED TO SAID AMOUNT. NOTWITHSTANDING THE FOREGOING, PROFUNDIZA’S LIABILTIY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
PROFUNDIZA SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PROFUNDIZA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION, IN ANY WAY.
PROFUNDIZA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PROFUNDIZA DISCLAIMS ANY LIABILITY RELATING THERETO, AND YOU UNDERSTAND AND AGREE TO ASSUME THE RISK.
WAIVER AND INDEMNITY: BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD PROFUNDIZA, ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE HONEY SOFTWARE), YOUR USE OF THE SERVICE AND SUCCESSESS OR FAILURES RESULTING THEREFROM, YOUR INABILITY TO USE THE SERVICE OR INTERRUPTION IN THE SERVICE OR ACCESS THERETO, FOR ANY REASON, OR ANY ACTION TAKEN BY PROFUNDIZA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PROFUNDIZA, ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PROFUNDIZA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES: PROFUNDIZA reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
MISCELLANEOUS: This Agreement constitutes the entire agreement between you and PROFUNDIZA and governs your use of the Service, superseding any prior agreements between you and PROFUNDIZA regarding the Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. PROFUNDIZA's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. PROFUNDIZA will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on or in any way relating to the Service are and shall be governed by and interpreted under Missouri law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with PROFUNDIZA or relating in any way to this Agreement and/or your use of the Service (including, without limitation, the HONEY Software) resides in the St. Louis County Circuit Courts, in the County of St. Louis, State of Missouri. Missouri law shall apply to any issue, matter, or dispute arising out of or from this Agreement, the Service (including, without limitation, the Honey Software), or in any way resulting from any of the terms, conditions or services contemplated herein.
PROFUNDIZA may send you notice with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address. Notices shall become effective immediately.
If any legal action or other proceeding is brought for the enforcement or interpretation of any of the rights or provisions of this Agreement (including the indemnification and restrictive provisions), or because of an alleged dispute, breach, default (including but not limited to nonpayment) or misrepresentation in connection with any of the provisions of this Agreement, PROFUNDIZA shall be entitled to recover reasonable attorneys’ fees and all other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it may be entitled. PROFUNDIZA shall not be required to post bond should it need to pursue enforcement of this Agreement.
REFUND POLICY: If you are not satisfied with your purchase, please let us know. We will refund up to 100% of the purchase price paid if notified, in writing, within the first 17 days of purchase. Applicable tax is not refundable. If you return or cancel a PROFUNDIZA offering, you agree to uninstall and delete all copies of the software from your device(s).

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