Welcome to the website of Granito de Arena Para Mi Pais (GRANPAIS) (hereinafter referred to as “Granito de Arena”, “We” or “Us”).   We maintain this website in order to foster transparency and share information regarding entities seeking to promote the common good in the Dominican Republic. By accessing this website, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. If you have any questions regarding this website, please contact us at:  info@granitodearena.do.

1. Use License.   Permission is granted to use or download material displayed on this website for noncommercial, personal use only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials.
  • Use the materials for any commercial purpose, for any public display (commercial or non-commercial).
  • Attempt to decompile or reverse engineer any software contained on Granito de Arena ‘s website.
  • Remove any copyright or other proprietary notations from the materials.
  • Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Granito de Arena at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Membership Obligations. To submit to or post information and materials on this website you will be required to register as a member with Granito de Arena by completing a registration form and designating your name, email address, a user ID and password.   You represent and warrant that you:

  • Are authorized to use the website.
  • All of your registration and membership information is true, accurate and complete.
  • You will maintain the security of your password.
  • You accept all responsibility for all activity that occurs under your user name.

Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your membership or suspension of your membership. You agree to immediately notify Granito de Arena of any unauthorized use of your user ID or password or any other breach of security. Granito de Arena cannot and will not be liable for any loss or damage arising from any unauthorized use of your membership account.

3. Posting or Submitting Information by Members.   As a member of Granito de Arena, you may submit or post to the website information or materials that may be used for entity registrations, classified ads, the calendar, or the newsletters (collectively, “Information”). As a member of Granito de Arena, you also may submit or post to the website comments, opinions or feedback regarding your personal, first-hand experience with entities operating in the Dominican Republic (collectively, “Member Comments”). As a condition of submitting or posting any such Information and/or Member Comments, you agree that:

  1. you grant to Granito de Arena a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sub-licensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Information or Member Comments into other works; grant to Granito de Arena all rights necessary to publish or refrain from publishing your name in connection with your Information and Member Comments; sublicense through multiple tiers the Information and Member Comments, and acknowledge that this license cannot be terminated by you once your Information and/or Member Comments are submitted to the website;
  2. you grant to Granito de Arena all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Information or Member Comments by any other party;
  3. your full name may be made available to the public and to the entities for which you provide Information or Member Comments;
  4. you represent that you own or have secured all legal rights necessary for the Information or Member Comments submitted by you to be used by you, Granito de Arena, and others as described and otherwise contemplated in these Terms of Use;
  5. you represent and warrant that each person identified, depicted, or shown in your Information or Member Comments, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Information or Member Comments consistent with these Terms of Use;
  6. you are solely responsible for your Information and Member Comments;
  7. information or Member Comments submitted to or posted by you is not reviewed or verified by Granito de Arena;
  8. you assume all risks associated with use of your Information and Member Comments, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of Information or Member Comments that makes you personally identifiable.
  9. all of your Information and Member Comments will be accurate, honest, truthful, and complete in all respects;
  10. you may not imply that your Information or Member Comments are in any way sponsored or endorsed by Granito de Arena; Granito de Arena does not endorse any entity for which you provide Information or Member Comments;.
  11. Granito de Arena may, in its sole discretion, choose to reject or approve, remove or not to remove, edit or not edit, Information or Member Comments;
  12. you will not submit any Information or Member Comments that may be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  13. all of your Member Comments will be based upon your personal, first-hand experiences with the entities you are commenting upon;
  14. you do not work for, own any interest in, receive compensation of any kind from, or serve on the board of directors of any of the entities for which you submit Member Comments;
  15. you have not received any form of compensation to post or submit Member Comments;
  16. you will submit thorough and thoughtful Member Comments of the entities you comment upon ;
  17. the Member Comments that you provide do not reflect the views of Granito de Arena, its officers, managers , owners, employees, agents, designees or other members or users.

4. Expert Obligations. To submit to or post information and materials as an expert on this website you will be required to register as an expert with Granito de Arena by completing an Expert Review Survey and providing personal, biographical and professional information. You represent and warrant that you:

  • are authorized to use the website.
  • all of your personal, biographical and professional information, as well as the information and materials you provide in the Expert Review Survey, are true, accurate and complete.

Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your status as an expert of Granito de Arena.

Granito de Arena reserves the right to accept or reject your registration as an expert for any reason or no reason.

5. Posting or Submitting Information by Experts. As an expert of Granito de Arena, you may post or submit to the website reviews regarding your first hand experience with entities seeking to promote the common good in the Dominican Republic (collectively “Reviews”). As a condition of submitting or posting any such Reviews, you agree that:

  1. you grant to Granito de Arena a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Reviews into other works;
  2. sublicense through multiple tiers your Reviews, and acknowledge that this license cannot be terminated by you once your Information and/or Member Comments are submitted to the website;
  3. you grant to Granito de Arena all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Reviews by any other party;
  4. your name, photo, personal, biographical and professional information will be made available to the public in the Experts section of the website;
  5. your Reviews shall be posted on the pages of the entities upon which you are commenting in an anonymous fashion; Granito de Arena will NOT make your name available to the public in connection with the Reviews that you submit or post;
  6. you are solely responsible for your Reviews;
  7. you assume all risks associated with use of your Reviews, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information that makes you personally identifiable;
  8. you may not imply that your Reviews are in any way sponsored or endorsed by Granito de Arena; Granito de Arena does not endorse any entity for which you provide Reviews;.
  9. Granito de Arena may, in its sole discretion, choose to reject or approve, remove or not to remove, edit or not edit, any Reviews;
  10. you will not submit any Reviews that may be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  11. all of your Reviews will be based upon your first-hand experiences with the entities you are commenting upon;
  12. all of your Reviews will be accurate, honest, truthful, and complete in all respects;
  13. you do not currently work for, own any interest in, receive any financial compensation from or serve on the board of directors of any of the entities for which you submit Reviews;
  14. you have not received any form of compensation to post or submit Reviews;
  15. the Reviews that you post or submit do not reflect the views of Granito de Arena, its officers, managers, owners, employees, agents, designees or other members or users.

6. Intellectual Property. “Granito de Arena” and certain other marks displayed on this website are trademarks and service marks of Granito de Arena. You may not use any of Granito de Arena’s trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with Granito de Arena’s consent. All other trademarks or service marks on the website that are not owned by Granito de Arena are the property of their respective owners.

7. Links. Granito de Arena has not reviewed all of the websites linked to its website and is not responsible for the contents of any such linked website. We make no claims or representations regarding the quality, accuracy, nature, ownership or reliability thereof. The inclusion of any link is provided solely as a convenience to you and our members and does not imply endorsement of the website by Granito de Arena. Use of any such linked website is at your own risk.

8. Disclaimer. The materials and information on Granito de Arena’s website are provided “as is”. Granito de Arena makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Granito de Arena does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials and information on its website or otherwise relating to such materials or on any sites linked to this website.

9. Void Where Prohibited. Granito de Arena administers and operates theWebsite from its location in Santo Domingo de Guzmán, D.N., Dominican Republic. Although the Website is accessible worldwide, the features, content, materials, information, products, or services discussed, referenced, provided or offered through or on the Website are presented solely for the purpose of promoting opportunities, publications, services, and/or other products available in the Dominican Republic, unless otherwise specified. Not all features, content, materials, information, products, or services discussed, referenced, provided or offered through or on the Website are appropriate or available to all persons or in all geographic locations, or appropriate or available for use outside the Dominican Republic. Granito de Arena reserves the right to limit, in its sole discretion, the use, provision and quantity of any feature, information, product, or service to any person or geographic area. If you choose to access the Website from outside the Dominican Republic, you do soon your own initiative and you are solely responsible for complying with applicable local laws.

10. Limitations.   In no event will Granito de Arena be liable to you or to any third party for loss of revenue, loss of profits, or any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the website and any information or materials included on or otherwise made available to you through the website, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages. Multiple claims will not expand this limitation.   This section will be given full effect even if any remedy specified in these terms is deemed to have failed of its essential purpose.

11. Indemnification and Release. You will indemnify, defend and hold us and our officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the website; (ii) your conduct; (iii) any breach by you of these Terms of Use (including, but not limited to, any breach of any of your representations or warranties); and/or (iii) any Information you submit to, upload to, post on, or transmit or link from the website.

12. Revisions and Errata. The materials and information appearing on Granito de Arena’s website could include technical, typographical, or photographic errors. Granito de Arena does not warrant that any of the materials on its website are accurate, complete, or current. Granito de Arena may make changes to the materials contained on its website at any time without notice. Granito de Arena does not, however, make any commitment to update the materials or information.

13. Terms of Use Modifications. Granito de Arena may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

14. Termination.   Notwithstanding any terms to the contrary in these Terms of Use, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms of Use (including, but not limited to, your right to be a member or expert of Granito de Arena) and to block or prevent your access to and use of the website for any or no reason.

15. Integration and Severability; Waiver. These Terms of Use represent the entire agreement between Granito de Arena and the user, member or expert relating to the subject matter herein. If, for any reason, a court of competent jurisdiction finds any provision in the Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder shall continue in full force and effect.

No waiver by Granito de Arena of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use.

16. Governing Law; Dispute Resolution and Venue.   This Website is located and operated by Granito de Arena in Santo Domingo de Guzmán, D.N., Dominican Republic, and these Terms of Use (including without limitation the Privacy Policy) shall be interpreted and enforced as though executed in the Dominican Republic, wherefore Granito de Arena and the user (by using this Website) stipulate and agree that any dispute, judicial action or claim arising out of or in connection therewith shall be exclusively governed by and construed in accordance with the laws of the Dominican Republic, without regard to its conflict of law provisions.

With respect to any and all disputes arising from or in connection with this Website or these Terms of Use (including without limitation the Privacy Policy), Granito de Arena and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to resolve any such dispute and achieve a mutually satisfactory resolution within a reasonable time (not to exceed thirty (30) days). Granito de Arena has no obligation to become involved in any dispute between you and any other person. If we are unable to resolve any such dispute, then controversy or dispute will be settled exclusively through binding arbitration. In this respect, Granito de Arena and you agree that:

  • the arbitration will be conducted in Spanish, in the city of Santo Domingo, Dominican Republic;
  • the arbitration will be administered by the Santo Domingo Chamber of Commerce and Production Center for the Alternative Resolution Controversies (the “CRC,” in Spanish);
  • the arbitration will be conducted pursuant to the provisions set forth in Law 50-87 dated as of June 4, 1987, regarding Chambers of Commerce and Production, as amended by Law 181-09 dated as of June 4, 2009, and the Santo Domingo Chamber of Commerce and Production Center for the Alternative Resolution Controversies’ applicable Arbitration Regulations;
  • the court of arbitration will be composed by one (1) independent and impartial arbitrator, who shall be designated from amongst those listed in the CRC’s official list of arbitrators, in accordance with the Santo Domingo Chamber of Commerce and Production Center for the Alternative Resolution Controversies’ applicable Arbitration Regulations; and that,
  • the arbitral award issued pursuant to the arbitral clause hereof will be final, binding and enforceable, and hereby waive any kind of appeals and/or remedies against the same.

 

[TD1]