Política actualizada el 1 de Abril, 2021

Soy Germán Cadena, Director Ejecutivo de OFFIDAY y NEONETICA y propietario de este sitio web. Te brindo acceso al sitio web germancadena.com ubicado en www.germancadena.com, y si está disponible, la aplicación móvil de germancadena.com (colectivamente, el “Sitio Web”), sujeto a tu aceptación de todos los términos, condiciones y avisos contenidos aquí (la, “Política”). Adicionalmente, en cuanto a la suscripción a ciertos servicios del Sitio Web, los usuarios estarán sujetos a reglamentos adicionales que aplican a esos servicios.

Según se usan en este Acuerdo, los términos “Sitio Web”, “Sitio”, “yo”, “mi”, “Germán Cadena”, “germancadena.com” significa Germán Cadena, y los términos “Suscriptor”, “Cliente”, “Consumidor”, “Consumidor-Final”, “Usuario”, “Usuario-Final”, “Comprador” significa Tú y cualquier empresa que Tú representas, colectivamente, “tú” y “tu”.

IMPORTANTE – POR FAVOR LEE ESTE DOCUMENTO CUIDADOSAMENTE ANTES DE CONTINUAR E IMPRIME UNA COPIA PARA TU REFERENCIA.

• Esta Política de Uso del Sitio Web (this «Acuerdo») is part of my general “Terms of Service” which is a legally binding Agreement between You and German Cadena., («German Cadena») regarding the terms under which German Cadena will provide Subscriber with access to the Service.
• By visiting my Website and/or purchasing something from us, you engage in my “Service” and agree to be bound by my terms and conditions (“Terms of Service”, the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
• These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
• If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services
• The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

All products and services provided by German Cadena may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or local laws is strictly prohibited. Customer agrees to indemnify and hold harmless German Cadena from any claims resulting from Customer’s use of the service which damages Customer or any other parties, including attorney’s fees.

German Cadena will not be liable for any interruptions in service or other monetary loss related to enforcement of German Cadena’s Terms of Service (TOS), including this Website Use Policy.

You are responsible for making all arrangements necessary for you to have access to the Website. I reserve the right to withdraw or amend the Website, and any service or material that I provide on the Website, in my sole discretion and without notice to you. I will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

• The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by German Cadena, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by German Cadena.
• You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if I provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if I provide social media features at any time, you may take such actions as are enabled by such features.
• You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
• The German Cadena name, the German Cadena logo, and all related names, logos, product and service names, designs and slogans, are trademarks of German Cadena or its affiliates or licensors. You may not use such marks without the prior written permission of German Cadena. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

• You may use the Website only for lawful purposes and in accordance with this Policy.
• You promise that: (i) you are of legal age to form a binding contract with German Cadena; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate German Cadena, a German Cadena employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of German Cadena.

• I may from time-to-time provide interactive services such as message boards, chat rooms, forums, ‘share’, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in this Policy.
• Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant German Cadena and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against German Cadena for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
• If you provide a User Contribution to be published or displayed on public areas of the Website, or transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, I cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Contributions. Therefore, I cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
• User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not German Cadena, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. I am not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and regulations. German Cadena may terminate Customer’s account if Customer engages in any practice that is, in German Cadena’s sole discretion, objectionable, unlawful, obscene, pornographic, threatening, abusive, libelous or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

In addition to other prohibitions as set forth in the Terms of Service, without limiting the foregoing, User must NOT:

• Participate in any illegal activity, or advocate, promote or assist any unlawful act or purpose;
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• Infringe upon or violate my patent, trademark, trade secret or other intellectual property rights or the intellectual property rights of others;
• Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws;
• Promote sexually explicit or pornographic material, violence and that in any way exploits minors under 18 years of age or solicit any obscene or immoral purpose;
• Promote products, services, or content that are often associated with abusive business practices or spam, such as: (a) pornography or illicitly pornographic sexual products, including but not limited to adult magazines, video and software, escort services, dating services, or adult promotions; (b) illegal drugs, software, media, or other goods; (c) instructions on how to assemble or otherwise make bomb, or other weaponry, (d) online and direct pharmaceutical sales; (e) debt collections, credit repair and debt relief offerings; (f) stock pick or promotions; (g) “get rich quick” and other similar offers such as promoting pyramid schemes or network marketing (i.e. MLM) businesses; (h) promoting the use of “Ponzi”, or similar investment schemes; (i) odds making and betting/gambling services, including but not limited to online casino games, and sporting events;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity;
• Submit false or misleading information;
• Spam, phish, pharm, pretext, spider, crawl, or scrape to collect or track the personal information of others;
• Distribute viruses, worms, phishing, malware, or any other potentially harmful software and malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
• Disparage German Cadena or support websites or organizations that violate any of the above criteria.

I have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of German Cadena and are not endorsed by German Cadena.

I have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions that I deem necessary or appropriate; (c) disclose your identity or other information about you to any third-party who in my opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website.

Without limiting the foregoing, I have the right to fully cooperate with law enforcement authorities requesting or directing me to disclose the identity or other information of anyone posting any materials on or through the Website. I do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, I assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. I have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

I take claims of copyright infringement seriously. I will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to my Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing, in a sufficiently precise manner to allow me to locate that material.
• Adequate information by which I can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

my designated Copyright Agent to receive DMCA Notices is:

German Cadena,
Attn: Legal Counsel
2 Hancock St. Suite 609
Boston, Massachusetts 02171 USA
Email: [email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).

COUNTER-NOTIFICATION PROCEDURES. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with me (a “Counter-Notice”) by submitting written notification to my Copyright Agent (identified above). The Counter-Notice must include substantially the following:

• Your physical or electronic signature
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled
• Adequate information by which I can contact you (including your name, postal address, telephone number and, if available, e-mail address)
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
• A statement that you will consent to local Federal District Court jurisdiction, or if overseas, to an appropriate judicial body

The DMCA allows me to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

The information presented on or through the Website is made available solely for general information purposes. I do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. I am not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

In addition to this Policy and the Privacy Policy (collectively, the “Website Policies”), all subscriptions to German Cadena’s products and services, are governed by my online click-through Terms of Service, paper contract, or other stated terms, depending on the type of product/service/subscription you are using.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. I have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

You may link to my homepage, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part (unless you have received the express written consent of German Cadena’s General Counsel). The Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website
• Send e-mails or other communications with certain content or links to specific content on the Website
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions I provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you
• Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
• Link to any part of the Website other than the homepage
• Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with me in causing any unauthorized framing or linking immediately to cease. I reserve the right to withdraw linking permission without notice. I may disable all or any social media features and any links at any time without notice in my discretion.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only as stipulated in my Billing Policy.

I have made every effort to display as accurately as possible the colors and images of my products that appear at my Website. I cannot guarantee that your computer monitor’s display of any color will be accurate.

I reserve the right, but are not obligated, to limit the sales of my products or Services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of German Cadena. I reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Any and all of Customer’s affiliates are bound by the terms of German Cadena Terms of Service. Customer is solely responsible for ensuring their affiliates are compliant to German Cadena Terms of Service. Customer’s failure to ensure their affiliates’ compliance will be subject to the enforcement these policies.

Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

I undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

I may provide you with access to third-party tools over which I neither monitor nor have any control nor input. You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GERMAN CADENA NOR ANY PERSON ASSOCIATED WITH GERMAN CADENA MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GERMAN CADENA NOR ANYONE ASSOCIATED WITH GERMAN CADENA PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. GERMAN CADENA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GERMAN CADENA, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM MY WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.

You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause German Cadena irreparable damage, for which the award of damages would not be adequate compensation. Consequently, German Cadena may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and German Cadena may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which German Cadena may be entitled at law or in equity.

As I continue to develop my business, I might undergo a change of ownership such as a merger and/or a sale of all or substantially all my stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances. However, any party purchasing my assets will be subject to an obligation to maintain the integrity of your personally identifiable information.

I reserve the right, in my sole discretion, to change the terms of this Policy at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.

German Cadena reserves the following rights:

• The right to terminate Customer’s account for any violation of German Cadena Terms of Service.
• The right to change the terms and conditions of this Policy, as needed.  German Cadena will inform Customer when significant changes are made to any policies under German Cadena Terms of Service by means of the Customer’s e-mail, currently on file.

Use of germancadena.com and/or services by Customer after said changes constitutes Customer’s acceptance of the new Policy.

ALL CUSTOMERS AND AFFILIATES ARE EXPECTED TO AGREE TO ALL TERMS CONTAINED HEREIN. DIGITAL ACCEPTANCE IS ACHIEVED WHEN CUSTOMERS OR AFFILIATES ACCESS OR IN ANY WAY USE GERMANCADENA.COM SERVICES.
FAILURE TO AGREE AND COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES

Esta Política de Uso de Sitio Web, (“Este Acuerdo”) junto con los Términos de Servicio, Política de Privacidad, y otras políticas o reglamentos operativos publicados en este Sitio Web constituye el único y completo Acuerdo entre Tú y Germán Cadena con relación a cualquier tipo de productos y/o servicios y reemplaza cualquier acuerdo previo, representaciones, garantías, comunicaciones, propuestas y otros términos, sean verbales o escritos (incluyendo, pero no limitados a, cualquier previo Término de Servicio). Cualquier ambigüedad en la interpretación de este Acuerdo no deberá ser interpretada en contra de Germán Cadena, sus marcas o afiliados.