Terms of Use

Effective date: 08/20/2021

1. Introduction

These terms of use are entered into by and between you and APS Consultores Gerenciales, S.A. (hereinafter “APS”, "Company," "we," or "us"). These Terms of Use apply to https://www.cybsconsulting.com (hereinafter the “website”), which is owned and operated by APS.

You may be bound by additional contracts or agreements related to your relationship with us or any products or services that you receive from us. If any provision of the additional contracts or agreements conflict with any provision of these Terms of Use, the provision of the additional contracts or agreements will rule and prevail.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with APS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.

2. Binding

By accessing, or otherwise using this website, you hereby agree to be bound by these Terms of Use set forth below. The mere use of this website implies the knowledge and acceptance of these Terms of Use. If you do not agree with these Terms of Use, we kindly ask you to do not access, use or navigate through the website or its pages.

3. Changes to the Terms of Use

We may modify and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the website. The date provided at the beginning of these Terms of Use is the latest revision date.

Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.

4. Responsible Use

You may use the website only for lawful purposes and in accordance with these Terms of Use. By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms of Use, applicable laws, regulations, and generally accepted online practices and industry guidelines.

You must not use the website to publish or distribute any material which consists of (or is linked to) malicious computer software; user data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website. Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

5. Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. APS, ITS OFFICERS AND/OR ITS EMPLOYEES DO NOT ACCEPT OR TAKE ANY RESPONSIBILITY WHATSOEVER FOR ANY LOSS, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, WHICH MAY ARISE FROM RELIANCE ON INFORMATION CONTAINED ON THE PAGES AND ACTIONS OR TRANSACTIONS RESULTING THEREFROM.

This website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by APS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of APS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

6. Downtime

APS is not liable or responsible for possible communication failures and downtime. In this sense, APS cannot guarantee the continuous operation and access to the website. In any case, in the event of failures related to the services offered by the website, APS will carry out the relevant actions to correct as soon as possible such failures.

You expressly accept that there may be interruptions programmed to improve the performance of the website or for similar purposes or accidental due to external causes.

7. Upload, reform and deletion of content

APS reserves the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. You as user agree that APS will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content shared on the website. In such cases, you will not be entitled to any compensation or other payment.

8. Third-party links and features

The website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites, which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. These hyperlinks do not imply the establishment of any type of association or participation with the owners of third-parties’ websites.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

9. Intellectual property and copyright

APS is the owner and / or licensee of the content of the website, including its images, graphic designs, publications, texts, brands, logos and all kinds of data, displayed by or accessible within the website; as well as the source code, design and structure of the page.

APS or its licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

Unless otherwise specified, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, or commercialize any resources on this website in any form, without our prior written permission.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

You must not:

If you wish to make any use of material on the website other than that set out in this section, please address your request to info@cybsconsulting.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by APS. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

10. Trademarks

The “CYBS Consulting” name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of APS or its affiliates or licensors. You must not use such marks without the prior written permission of APS. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

11. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APS NOR ANY PERSON ASSOCIATED WITH APS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER APS NOR ANYONE ASSOCIATED WITH APS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, APS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless APS, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including, any use of the website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the website.

13. Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of the Republic of Panama. Any disputes relating to these Terms of Use shall be resolved through binding arbitration to be held before the Centro de Conciliación y Arbitraje de Panamá in accordance with its Arbitration and Conciliation Rules, by one (1) arbitrator proficient in the English and Spanish languages who shall decide in accordance with law, with the seat of arbitration located in the City of Panama.

14. Waiver and Severability

No waiver by APS of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of this Terms of Use is held illegal, invalid, or unenforceable, all other provisions of these Terms of Use will nevertheless be effective, and the illegal, invalid, or unenforceable provision will be considered modified such that it is valid to the maximum extent permitted by law. The other provisions will not be affected.

15. Titles

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

16. Contact information

To ask questions or comment about these Terms of Use, contact us at: