Last update : June 20, 2007
Welcome to the Pellerano & Herrera corporative website.
This page sets out the Terms of Use (“Terms”) regulating the use of the informative contents and services offered that integrate the Pellerano & Herrera corporative website:
www.phlaw.com (hereinafter called, the “Site”).
By using this Site you are declaring full acceptance, without reservation, of the Terms of Use in force at the time of access.
Pellerano & Herrera, holder of the Site may check these Terms of Use at any time, and update this page. Since such Terms of Use are binding you should visit this page each time you access the site in order to check over the “Terms”. Words such as “You” and “User” as employed here, shall refer to all physical and/or juridical persons who for any reason enter the Site.
Likewise, due to the fact that certain services and contents offered to Users through the Site may contain specific norms that regulate, compliment, and/or modify the present Terms of Use, users are recommended to become specifically aware of this before using said informative contents, service offers and/or publications.
Every access to as well as the use of the Pellerano & Herrera corporative website and other Inernet services effered by Pellerano & Herrera, are subject to the following Terms of Use.
Read these Terms of Use carefully (“Terms”).
If you do not agree with these Terms, stop browsing around the Pellerano & Herrera corporative website (“The Site”) immediately.
The content of the Site was developed for informative purposes of Pellerano & Herrera.
This Site does not provide any legal advise or juridical consultation whatsoever; the information contained shall not be used as a juridical opinion.
Internet users must not use this information without previously seeking professional advice from one of our lawyers.
Your accessing this Site does not signify that you are using the professional services offered by Pellerano & Herrera, and no lawyer-client relationship will be construed thereof. You shall not be considered a client of Pellerano & Herrera just by consulting this Site.
The content of any electronic mail you may send to Pellerano & Herrera or to any of their lawyers through the electronic addresses listed in the Pellerano & Herrera corporative website, will not be construed as a lawyer-client relationship and, therefore, such information will not be considered confidential.
We urge you to abstain from sending privileged, confidential, or any other secret information before contacting one of our lawyers and until you receive proper authorization to e-mail such information.
1.Access and use of the Pellerano & Herrera corporate website
The access and use of the Pellerano & Herrera corporative website does not require prior subscription or registration of Users.
2.Use of the Pellerano & Herrera corporate website
Users shall undertake to make use of the Pellerano & Herrera corporative website in conformity with the law, these Terms of Use, the generally accepted norms of good and moral behavior, and the public order.
Users agree to abstain from using this Site for illicit or illegal purposes, contrary to the purposes established by the Terms of Use, causing damage to the rights and interests of third parties or that in any manner may harm, disable, overload, or spoil the Site or prevent Users from making normal use of the Site.
3.Use of the available informative content and the services offered in the Pellerano & Herrera corporative website.
An opportunity is available for Internet Users to become informed on different types of informative contents, and service is provided to contact our firm of lawyers, Pellerano & Herrera, by visiting our corporative website through an interaction process within an electronic environment.
4. Behavior of User
Some of the elements that form a part of the information offered in the Pellerano & Herrera website are only available to users who have registered in our base of subscribers and have received a password.
Upon registering in our corporative website you will declare that you are at least eighteen (18) years old.
You may not avail or use a password, electronic mail address or any other type of information belonging to another person without the previous authorization of the holder.
When you register in our base of subscribers you are agreeing to provide true, precise, current, and complete personal information.
You will be responsible of keeping your account and password confidential, and restrict access to your computer, accepting to assume responsibility for all the activities made from your account, including the selection and use of all contents.
Users may use the offered services for personal purposes only and in adherence to these Terms of Use.
Pellerano & Herrera reserves the right to deny service and/or close accounts including, merely enunciative and unspecific statements, the implementation of such measures due to activities made by any subscriber in violation of these Terms.
Users are forbidden to violate or attempt to violate the security of the Site, including but not limiting to:
(a)gaining illegal access or allowing illegal access to third parties into the system, or to data not destined for such use or to enter a computer or account without authorized access from the user, (b) affecting, evaluating or proving the vulnerability of your system or web, or violate the security measures or identification without due authorization, (c ) attempting to prevent service to any user, host or web, including without limitation, by sending a virus to the Site, or through the saturation, massive messages (“flooding”), “spamming”, shooting of messages or blocking the system (“crashing”), (d) sending non requested mail, including promotions and/or product advertising or publicity of services, or (e ) forging any package heading TCP/IP or any part of the information heading of any electronic mail.
Any violations of the security system of the web or the laws regulating this matter may compromise your civil and penal responsibility.
Pellerano & Herrera will investigate the cases where such violations may have been produced and contact and cooperate with the competent authorities in order to persecute any users involved in such violations.
All Users who purposely or intentionally do not comply with any of the preceding obligations will answer to all the damages and losses caused.
5.International Users
Pellerano & Herrera controls, operates, and handles the information and services offered from their offices in the Dominican Republic. If you access from any place outside the Dominican Republic, you will be obligated to comply with all the local laws.
6. Copyright
All contents and distinctive signs included; such as texts, graphics, logotypes, button icons, images, and the compilation of same and all computer programs used in this site are the property of Pellerano & Herrera or their providers and are protected by the copyright laws of the Dominican Republic and the pertinent international covenants.
You agree to respect all notices and all captions regarding copyrights and other restrictions contained in this Site and will not make any modification whatsoever of said contents.
Every third party content provider has the copyrights of the original content. With the exception of whatever is allowed by the legitimate owner of the publications, you recognize that, by discharging the material protected by the copyright laws, you do not acquire any right of ownership on same.
Except when explicitly permitted in conformity with the copyright laws you may not modify, apply inverse engineering techniques, publish, transmit, visualize, participate in the transfer or sale or creation of derived works, or in any manner commercially exploit or facilitate the content of the Pellerano & Herrera corporate website to any third party, or any publication without the express written authorization of Pellerano & Herrera and the titular of the copyrights.
We shall not grant any license, either expressed or tacit, for the copyrights of Pellerano & Herrera , unless these Terms have expressly authorized the granting of such license.
You shall not copy or adapt the HTML code created by Pellerano & Herrera to generate their web pages that compose the Site. Said code is protected also by the intellectual copyright of Pellerano & Herrera.
7.Contents of third parties
The Pellerano & Herrera corporative website may contain links to other sites in the Internet and third party resources. Pellerano & Herrera does not assume any responsibility or obligation concerning communications or any available material in said linking sites. These connections are provided only for your convenience.
You are the sole responsible of learning any term and condition that may be put into practice during your visit to a third party site.
8.Modifications in the Pellerano & Herrera Corporative website.
From time to time, we reserve the right to modify or interrupt in a temporary or permanent manner, the information and services offered by Pellerano & Herrera in the corporative website with or without prior notice.
You agree that Pellerano & Herrera will not be responsible before you or any third party for any modification, suspension or interruption of information and services offered.
9.Exclusion of responsibility and guarantees
The information and services offered by Pellerano & Herrera through heir website and all contents presented in terms “as they are” and “in the available manner” Pellerano & Herrera expressly exclude every guarantee of any type whether expressed or tacit.
Pellerano & Herrera does not warrant that the information and services offered will satisfy the needs of users, or that the information and/or services offered shall be uninterrupted, timely, reliable or accurate free from errors, or that the results that may be obtained from the usage of the information and the services offered will be precise and reliable, or that the quality of any content of information or service offered or any other material obtained by the user through the website will satisfy your expectations.
10.Limit of Responsibility
In no case will Pellerano & Herrera, in conformity with any legal ground, be responsible for any damage whether indirect, emergent, punitive or consequential.
Pellerano & Herrera does not undertake any responsibility for damages and losses of any nature due to lack of exactness, thoroughness, actuality, as well as to errors or omissions that may be in the informative contents and services offered in this Site or other contents to which access may be made through same, and it does not assume any obligation or compromise to verify or supervise such contents and information.
Likewise, Pellerano & Herrera does not warrant availability, continuity or infallibility in the operation of the Site, and consequently it excludes in the maximum manner allowed by the current law, any responsibility for damages and losses of every nature that may be due to lack of availability or continuity in the operation of the Site and the services enabled in same, as well as any errors in the access to different web pages or to those from where in such case, services are rendered.
11.Exoneration of responsibility
You accept to defend, exonerate and keep Pellerano & Herrera free from any responsibility, and their licensed parties, providers, and any third provider of informative contents and services offered and their respective advisors, directives, employees and agents due to any demand, loss, expense, damage and costs, including reasonable lawyers’ fees, derived from the use of information and services offered by the Pellerano & Herrera Site, resulting from any violation of these terms or any activity related to your account (including negligent or illicit behavior) on its part or on the part of any user entering our Site through the account.
12. Control
Pellerano & Herrera is entitled, but is not obligated, to control the services offered, in order to determine the fulfillment of these Terms of Use and any other performance regulation established by Pellerano & Herrera, as well as complying with any law, regulation or legal requirement.
Without any limitation of the above, we will have the right to eliminate any content which, we discretely may believe to violate the provisions of our terms of Use.
13. Resolution
Pellerano & Herrera may, discretely and without any responsibility whatsoever, cancel your password, impede the use of the information and services offered due to any reason, including in an illustrative manner, if Pellerano & Herrera consider that you have violated or have acted against the writing or the spirit of these Terms of Use. Any cancellation to the access of information and services offered, in conformity with any provision of these Terms of Use, may be effected without prior notice. Pellerano & Herrera may deactivate or eliminate your account immediately as well as all the information related and/or prohibit any access to the information and/or services offered in the future.
14. Noice of changes
In future, Pellerano & Herrera may modify these Terms of Use in order to keep them updated in relation to the information and services offered in the Site.
Visit www.phlaw.com/esp periodically in order to become informed of any changes. The updating date is used to inform you of any recent modifications.
Your access to or use of the information and services offered by Pellerano & Herrera subsequently to such update, will be considered as your agreement to be subjected to said changes.
15. Contact Data
Pellerano & Herrera
1019 Abraham Lincoln Ave.
Federico Pagés Moré Building, 5th floor
Santo Domingo, Dominican Republic
Tel. 1 (809) 541-5200
Fax 1 (809) 567-0773
E-mail: [email protected]
Website: www.phlaw.com
16. Jurisdiction
These Terms of use are governed by the laws of the Dominican Republic, very particularly by Law No.53-07 of April 10 of the year 2007 on Felonies and Crimes of High Technology. Any lawsuit derived from these Terms will be submitted exclusively to the jurisdiction of the courts and tribunals of the city of Santo Domingo (Dominican Republic), save that due to an imperative situation of the law the courts and tribunals of he user’s domicile may be competent and in which case such jurisdiction will prevail.