NOTE: Please read this carefully before using this website.

Welcome to the MarcoWutzer.com website (“Site”). Marco Wutzer Ltd. maintains this Site to provide general information to our visitors. All use of this Site is subject to the following terms and conditions (“Terms of Use”). By accessing and browsing this Site, you agree to be bound by these Terms of Use.

This Site, including all text, images, software and other content contained herein, is the property of Marco Wutzer Ltd. or its suppliers and is protected international copyright laws. The compilation and arrangement of all content on this Site is the exclusive property of Marco Wutzer Ltd. and is protected by international copyright laws. All rights reserved.

Trademarks

All Marco Wutzer Ltd. marks, graphics, logos, designs and trade names used and displayed on this Site are service marks or trademarks of Marco Wutzer Ltd. and are the sole and exclusive property of Marco Wutzer Ltd. The “look and feel” of this Site constitutes proprietary trade dress of Marco Wutzer Ltd. All other trademarks not owned by Marco Wutzer Ltd. that appear on this site are the property of their respective owners. You may not use any such marks for any purpose whatsoever without the express prior written permission of the owner.

Use of Site; Restrictions

You may view and print material displayed on this Site subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof. You may not copy or otherwise use this Site or any portion hereof, except as expressly provided above. You may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof, except with the express prior written permission of Marco Wutzer Ltd. Use of spiders, data mining tools, robots and similar data gathering and extraction tools is expressly prohibited, except by publicly available Internet search engine portals solely for purposes of indexing this Site. In the event you link to this Site, you agree to remove any such links to this Site (or any portion hereof) to which Marco Wutzer Ltd. objects promptly upon request. Nothing contained in this Site shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of Marco Wutzer Ltd. or any third party. Any rights not expressly granted herein are reserved.

Indemnification

You agree to indemnify, defend and hold harmless Marco Wutzer Ltd., its affiliates and their respective directors, officers, employees and agents, licensors, representatives and third party providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged  breach of any of your representations, warranties or undertakings hereunder. Marco Wutzer Ltd. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Marco Wutzer Ltd. in asserting any available defenses.

No Rendering of Advice

The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, financial, technical, security, engineering, legal or other professional advice of any kind. Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship between you and Marco Wutzer Ltd.

Accuracy of Information

While Marco Wutzer Ltd. uses reasonable efforts to furnish accurate and up-to-date information, Marco Wutzer Ltd. does not warrant that any information contained in or made available through this Site is accurate, complete, reliable, current or error-free. Marco Wutzer Ltd. assumes no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.

Disclaimer of Warranties and Limitations of Liability

THIS SITE IS PROVIDED BY MARCO WUTZER LTD. ON AN “AS IS” AND “AS  AVAILABLE” BASIS. USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL  EXTENT PERMISSIBLE BY APPLICABLE LAW, MARCO WUTZER LTD. AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND  NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MARCO WUTZER LTD. AND ITS  AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY  KIND AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. MARCO WUTZER LTD. DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MARCO WUTZER LTD. AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE  EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY PORTION HEREOF, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

For your convenience, this Site may provide hyperlinks to websites, servers and other resources maintained by third parties over which Marco Wutzer Ltd. does not have control, including, without limitation, message boards and/or links to Web sites or pages that are framed within this Site. Even if such materials are framed within this Site and appear to be a part of this Site, Marco Wutzer Ltd. does not evaluate, endorse or guarantee content found in such sites. Marco Wutzer Ltd. does not assume any responsibility or liability for the actions, products, services or content of these sites or the parties that operate them. You should carefully review their privacy statements and other conditions of use. Your use of these sites is entirely at your own risk.

Feedback and Other Submissions

All comments, feedback, suggestions, ideas and similar submissions furnished to Marco Wutzer Ltd. in connection with your use of this Site shall be deemed assigned to and shall remain the exclusive property of Marco Wutzer Ltd. No such submissions shall be subject to any obligation of confidence on the part of Marco Wutzer Ltd., and Marco Wutzer Ltd. shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure. You represent that you have the lawful right to furnish such  submissions to Marco Wutzer Ltd. and agree that you will not submit any  information unless you are legally entitled to do so.

Termination or Suspension of Access; Modifications to Site

Marco Wutzer Ltd. reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, Marco Wutzer Ltd. reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. Marco Wutzer Ltd. shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use or breach hereof, or otherwise relating to this Site (with the exception of injunctive relief sought by Marco Wutzer Ltd. for any violation of Marco Wutzer Ltd.’s proprietary rights), shall be settled by binding arbitration administered by the Hong Kong International Arbitration Centre in accordance with its then-current rules. The arbitration shall be decided  by one (1) arbitrator, who shall be an attorney having experience and familiarity with information technology disputes. The language of the arbitration shall be English. The location of arbitration shall be Medellín, Colombia. The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, its costs and expenses, including reasonable attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties.

Applicable Laws; Exclusive Jurisdiction

Marco Wutzer Ltd. maintains this Site in Paraguay. Marco Wutzer Ltd. makes no representation that this Site or any content on or accessed through this Site is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable. Use of this Site and any dispute arising therefrom shall be governed by the laws of the State of Hong Kong, Hong Kong, without regard to principles of conflict of laws. SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN HONG KONG, HONG KONG, AND YOU EXPRESSLY CONSENT TO THE  EXCLUSIVE JURISDICTION OF SUCH COURTS.

Modifications

Marco Wutzer Ltd. reserves the right to modify these Terms of Use at any time upon posting. By continuing to use this Site after any changes are posted, you are signifying your acceptance of the revised terms and conditions, regardless of whether you have reviewed them. Please visit this page regularly to review the then-current Terms of Use to which you are bound.

Privacy

Please review our Privacy Policy, which also governs your visit to this Site and is incorporated herein by reference, to understand our practices.

Entire Agreement

These Terms of Use, together with the Marco Wutzer Ltd. Privacy Policy, constitutes the entire agreement between you and Marco Wutzer Ltd. governing your use of this Site and supersedes any prior agreements between you and Marco Wutzer Ltd. with respect to the subject matter hereof. Notwithstanding the foregoing, as stated above, you also may be subject to additional or separate terms of use, rules and/or policies that may apply when you use certain features made available through this Site.

Miscellaneous

If there is a determination that any provision of these Terms of Use is invalid or unenforceable under applicable law, that determination will not affect the rest of these Terms of Use, and these Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of Marco Wutzer Ltd. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action against Marco Wutzer Ltd. arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

When you visit MarcoWutzer.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including without limitation by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent and discontinue your use of this Site.

Minors

This Site is not intended for use by or availability to minors under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS SITE. BY USING THIS SITE, YOU REPRESENT TO MARCO WUTZER LTD. THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 18, YOU HEREBY REPRESENT THAT YOU ARE USING THIS SITE WITH THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN, AND YOUR PARENT OR LEGAL GUARDIAN HEREBY AGREES ON YOUR BEHALF TO BE LEGALLY BOUND BY THESE TERMS OF USE.

Contact Information

If you have any questions regarding this Site, please contact Marco Wutzer Ltd. at [email protected] and include the following statement in the subject line: “MarcoWutzer.com Terms of Use Question”.