Welcome to TheGochez.com (hereinafter, “the Site”). The Site is maintained by The Gochez Company, LLC, a California limited liability company (hereinafter, “TGC”), to provide information about our administrative and answering services. By using the Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully.
1. Agreement. This Terms and Conditions of Use Agreement, hereinafter "the Agreement,” specifies the terms and conditions applicable to your access to and use of the Site.
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITE. TGC RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE MODIFICATIONS TO THIS AGREEMENT AT TGC'S DISCRETION. ANY SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. CONTINUED USE OF ANY PART OF THE SITE CONSTITUTES AND SHALL BE DEEMED YOUR UNCONDITIONAL ACCEPTANCE OF SUCH CHANGES.
3. Ownership. The Site is and the content contained therein shall continue to be the property of TGC and is protected by applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any part of the Site or the content contained therein is prohibited, except as expressly permitted in the Agreement.
4. Trademarks and Intellectual Property. The Gochez Company and The Gochez Company logo are trademarks of TGC. All other content on the Site are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of TGC or its affiliates or licensors. In countries where any of the TGC trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, TGC claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade names, company names and indicia of origin. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of TGC without permission from TGC. You may contact TGC as described in Section 16 of this Agreement to request written permission to use trademarks, indicia of origin or materials on the Site for purposes other than stated in the Agreement or for all other questions relating to the Site. Under no circumstances will you acquire any ownership rights or other interest in the Site or the content contained therein by or through your use of the Site. All rights not expressly granted are reserved.
5. Intended Audience. This website is not intended for use by any children under the age of 13. You may not use this Site for any reason if you are 13 years of age or younger. If you are over the age of 13 but under the age of 18, you may use the Site only with the consent of your parent or guardian who agrees to be bound by the Agreement.
6. Site Use. TGC grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You agree not to copy the site, reverse engineer or break into the site, or use content or services in violation of any law. Any use of the Site or the content contained therein, other than as specifically authorized in the Agreement, without the prior written permission of TGC, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. TGC reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
7. Compliance with Laws. You agree to comply with all applicable federal and local laws regarding your use of the website. You further warrant that information or content provided by you to TGC is, to the best of your knowledge, truthful and accurate.
8. Links to Other Websites and Services. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While TGC makes every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that TGC is not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor is TGC responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the website or party by TGC, or any warranty of any kind, either express or implied.
9. Indemnification. You agree to indemnify, defend and hold TGC and our partners, employees, independent contractors, agents and affiliates, harmless from any liability, loss, claim and expense, including attorney's fees, related to: (a) your violation of this Agreement; (b) your use of the Site (c) your inability to use this Site; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
THE INFORMATION, CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENENT PERMITTED BY APPLICABLE LAW, TGC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL TGC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF OR INABILITY TO USE THE SITE, OR YOUR RELIANCE UPON THE CONTENT CONTAINED ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL USE OF THE SITE.
You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice sent to TGC containing all of the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice may be sent to TGC as described in Section 16 below.
13. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern the Agreement and any dispute that may arise between you and TGC or its affiliates.
Any action or proceeding related to or arising out of any dispute between you and TGC or its affiliates shall be brought and maintained exclusively in a court of competent jurisdiction in the county of San Bernadino, California.
14. Severability. If any provision of the Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Termination. TGC may terminate the Agreement or your access to the Site at any time, with or without prior notice to you, for any reason and at TGC’s sole discretion. TGC may also block or prevent your future access to, and use of, the Site.
16. Contact Information. Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site or donating to TGC.
You may contact us by e-mail at: XXXXX. You can also reach us by sending written correspondence to:
The Gochez Company (TGC)
9431 Haven Avenue Suite 232
Rancho Cucamonga, CA 91730
17. Effective Date. This Agreement is effective as of July 1, 2015.