1. Acceptance of the Terms
These Terms and Conditions of Use (the "Terms") constitute a binding legal agreement between you ("User", "Client", or "you") and CONSULTING IT R&R CORP, a corporation organized under the laws of the State of Florida, with its principal office at Miami, Florida, United States ("CONSULTING IT R&R CORP", "the Company", "we", or "our"), governing access to and use of the website rivdara.com (the "Site"), as well as any content, functionality, and information service offered through it.
RivDara is the commercial name under which CONSULTING IT R&R CORP operates and offers its services through the Site; any reference to "RivDara" shall be understood as a reference to CONSULTING IT R&R CORP.
By accessing, browsing, or using the Site, you declare that you have read, understood, and agreed to be bound by these Terms and by our Privacy Statement and Cookie Policy, which are incorporated herein by reference. Pursuant to the Florida Uniform Electronic Transactions Act (Fla. Stat. § 668.50), your electronic acceptance of these Terms (including simply continuing to use the Site) has the same validity and legal force as a handwritten signature. If you do not agree with any of these Terms, you must refrain from using the Site.
2. Description of the Company and Services
CONSULTING IT R&R CORP is an information technology consulting company based in Miami, Florida, offering professional consulting, advisory, implementation, support, and information technology-related project services to businesses and organizations. The primary purpose of the Site is to present institutional information, describe our services, allow visitors to request information or quotes via a contact form, and offer the option to subscribe to a newsletter.
The content of the Site is for informational and marketing purposes only. No quote request, form, or communication sent through the Site constitutes, by itself, a binding offer or the contracting of services. The contractual relationship for the provision of IT consulting services between you and CONSULTING IT R&R CORP arises exclusively upon the execution of a separate proposal, service contract, Statement of Work, or agreement signed between the parties, which will govern the scope, price, timelines, and specific conditions of such services.
3. Eligibility
The Site is intended for individuals over 18 years of age who act on behalf of a business or organization, or in an individual capacity with full legal capacity to contract. The Site is not directed to minors, and we do not intentionally collect information from children under 13 years of age, pursuant to the Children's Online Privacy Protection Act ("COPPA"). If you are a parent or guardian and become aware that a minor has provided us with personal data, please contact us to request its deletion.
4. Acceptable Use of the Site
When using the Site, you agree not to engage in, among others, the following conduct:
- Use the Site for any unlawful or unauthorized purpose, or in violation of any applicable federal, state, or local laws.
- Attempt to gain unauthorized access to the Company's systems, servers, or networks, or interfere with their proper functioning (including via viruses, malware, denial-of-service attacks, or unauthorized scraping techniques).
- Copy, reproduce, distribute, or commercially exploit the content of the Site without prior written authorization.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Send unsolicited communications (spam), chain letters, or any form of unauthorized advertising through the Site's forms.
- Collect or attempt to collect personal information from other users without their consent.
We reserve the right to restrict, suspend, or terminate, without notice, the access of any user who breaches the provisions of this section.
5. Intellectual Property
All content available on the Site—including, but not limited to, text, graphics, logos, the trade name "CONSULTING IT R&R CORP", icons, images, methodologies, downloadable materials, source code, and data compilations—is the property of CONSULTING IT R&R CORP or its licensors, and is protected by the intellectual property, copyright, and trademark laws of the United States and applicable international treaties. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and make personal use of the Site for reference purposes; any reproduction, modification, distribution, or commercial use without prior written authorization from CONSULTING IT R&R CORP is strictly prohibited.
If you believe in good faith that any content published on the Site infringes your copyright, you may notify us in writing at privacy@rivdara.com, including the information necessary to identify the copyrighted work and the allegedly infringing content, pursuant to the Digital Millennium Copyright Act ("DMCA").
6. Third-Party Links and Content
The Site may contain links to third-party websites (e.g., social networks, technology partners, or vendors) that are not operated or controlled by CONSULTING IT R&R CORP. We are not responsible for the content, privacy policies, or practices of such third-party sites, and the inclusion of a link does not imply endorsement or affiliation. We recommend that you review the terms and privacy policies of any third-party site you visit.
7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CONSULTING IT R&R CORP DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSULTING IT R&R CORP, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR FOR ANY LOSS OF REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CONSULTING IT R&R CORP'S TOTAL LIABILITY ARISING FROM THE USE OF THE SITE EXCEED THE SUM OF ONE HUNDRED UNITED STATES DOLLARS (US$100.00). This limitation does not apply to IT consulting services contracted via an independent services agreement, whose liability terms shall be governed by what is agreed upon in such contract.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you in full.
9. Indemnification
You agree to indemnify, defend, and hold harmless CONSULTING IT R&R CORP and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your misuse of the Site; (ii) your breach of these Terms; or (iii) your violation of any rights of a third party.
10. Privacy
Our use of your personal information is governed by our Privacy Statement and Cookie Policy, available on the Site, which form an integral part of these Terms.
11. Modifications to the Terms
We reserve the right to modify these Terms at any time, at our sole discretion. Modifications will become effective upon their posting on the Site, indicating the "last updated" date. Your continued use of the Site following such posting constitutes your acceptance of the modified Terms. We recommend that you review this page periodically.
12. Termination
We may suspend or terminate your access to the Site at any time and without notice if we consider that you have breached these Terms or that your conduct is harmful to CONSULTING IT R&R CORP, other users, or third parties. The provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law) shall remain in full force and effect.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to its conflict of laws provisions. Any controversy arising from or related to these Terms or the use of the Site that is not resolved through the dispute resolution process described in Section 14 shall be subject to the exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida, and you expressly consent to such jurisdiction and waive any defense of forum non conveniens.
14. Dispute Resolution
Before initiating any formal legal action, the parties shall endeavor to resolve in good faith any controversy through direct negotiation, by notifying the counterparty in writing using the contact details provided in Section 17.
Optional / subject to legal review: If CONSULTING IT R&R CORP wishes to mandate binding arbitration and/or class action waivers for disputes related to the use of the Site (as opposed to independent service contracts), such clause must be carefully drafted and reviewed with a Florida attorney, as its validity and scope depend on specific drafting pursuant to the Federal Arbitration Act and applicable state and federal jurisprudence. A mandatory arbitration clause is not included in this default template.
15. General Provisions
15.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
15.2 Entire Agreement
These Terms, together with the Privacy Statement and Cookie Policy, constitute the entire agreement between you and CONSULTING IT R&R CORP regarding the use of the Site, and supersede any prior or contemporaneous agreements, oral or written, regarding such subject matter.
15.3 Waiver
The failure of CONSULTING IT R&R CORP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15.4 Force Majeure
CONSULTING IT R&R CORP shall not be liable for any delay or failure resulting from causes beyond its reasonable control, including natural disasters, internet infrastructure failures, governmental acts, pandemics, or third-party cyberattacks.
15.5 Assignment
CONSULTING IT R&R CORP may assign or transfer these Terms, in whole or in part, without restriction. You may not assign your rights or obligations under these Terms without the prior written consent of CONSULTING IT R&R CORP.
16. Contact
For questions about these Terms and Conditions, you can contact us through:
- CONSULTING IT R&R CORP
- Address: 111 SW 3rd St, Suite 301, Miami, FL, United States, 33130
- Email: privacy@rivdara.com
- Phone: +1 (350) 223-9008
- Website: www.rivdara.com