Your use and purchases through this Website are expressly conditioned on your acceptance of these Terms and Conditions. By using this site, you consent to these Terms and Conditions. GRUPO POSADAS, S.A.B. de C.V., hereinafter POSADAS reserves the right to supplement or modify these Terms and Conditions at any time. Any supplemented or modified terms shall become effective as the same are updated. Continued use of this website after publication of any changes made to the Terms and Conditions shall be deemed as your acceptance of such changes.
For the purposes of the Terms and Conditions set forth herein, the following terms shall have the following meaning, whether the term is expressed in the plural or singular form:
BENEFITS: Means any and all Benefits described in the WEB SITE, namely TOURISM BENEFITS and AFFILIATED PROGRAM BENEFITS to be described in the WEB SITE.
AFFILIATED PROGRAM BENEFITS: Means any and all benefits other than Tourism Benefits to be negotiated by Posadas with third parties with which Posadas has trading alliances in favor of USERS, which may vary and shall be described in the WEB SITE.
TOURISM BENEFITS: Means discounts granted on hotel PUBLIC RATES in favor of USER upon making a reservation at any RESORT owned, leased, operated or franchised by POSADAS and included in the WEB SITE.
RESORTS: Means hotels and resorts that are part of RE_SET as described in the WEB SITE and where USER may use the BENEFITS defined in the WEB SITE when making a reservation, which may vary.
MEMBERSHIP: Means the membership of a USER in RE_SET with the possibility to enjoy the BENEFITS offered by such membership.
CONFIRMED RESERVATION: Means the written reservation issued by POSADAS via e-mail containing the final hotel reservation made at any of the RESORTS or of the BENEFITS with respect to a REQUEST FOR RESERVATION made by a USER.
RE_SET: Means the BENEFIT plan offered by POSADAS, as described in these Terms and Conditions.
WEB SITE or Site: Means the set of electronic web pages identified through an Internet domain or Internet address (including, but not limited to www.re-set.travel) operated by POSADAS to communicate and disclose information concerning RE_SET, and to trade RE_SET, if applicable, via electronic means and to update lists of RESORTS and BENEFITS and to make and pay for reservations, except for AFFILIATED PROGRAM BENEFITS, which shall be reserved and paid as agreed with the commercial partner.
REQUEST FOR RESERVATION: Means the request made by a USER to POSADAS through electronic means to make reservations of BENEFITS corresponding to hotel discounts available at any RESORT by indicating the type of room and the date or any other BENEFIT such USER pretends to use.
PUBLIC RATES: Means the hotel room rate per night applicable at a specific time, which shall be determined based on hotel occupancy and market price and that is available for consultation in the WEB SITE.
USER: Means any individual or legal entity that uses the website www.Re-set.travel in order to access the BENEFITS offered by RE-SET.
• USER hereby recites that he/she is an individual or legal entity, of legal age, having sufficient and financial capacity to be bound to these Termes and Conditions and interested to purchase the BENEFITS described herein. USER hereby recites that the personal information disclosed to POSADAS or its affiliates or subsidiaries in the WEB SITE are true and correct, and that based on such information, USER agrees to observe the provisions set forth in these Terms and Conditions.
• By accessing and using the Site and hiring the services offered therein, USER agrees with any and all Terms and Conditions and USER agrees and understands that the acceptance of these Terms and Conditions is required and is of essence before purchasing any BENEFIT offered in the Site.
• POSADAS hereby recites that: a) It is a company duly organized under the laws of Mexico; b) it has its address at Prolongación Paseo de la Reforma 1015, Torre A, Piso 9, Colonia Santa Fe Cuajimalpa, C.P. 05348, Alcaldía Cuajimalpa de Morelos; c) it operates a benefit plan named RE_SET and has sufficient financial capacity, experience and resources to purchase hotel occupancy discounts on behalf of USERS from several RESORTS, as well as other benefits referred to in these Terms and Conditions.
The Purpose of these Terms and Conditions is to provide USERS with the means to hire RE_SET and access the BENEFITS offered by this program.
By subscribing to RE_SET POSADAS grants USERS the right to enjoy the BENEFITS determined for this MEMBERSHIP, which USERS may use, provided that such USERS are in compliance with the requirements set forth herein. USERS shall have one year from the date on which they subscribe to this MEMBERSHIP to use the BENEFITS offered by such MEMBERSHIP.
Both the original and renewed term of the MEMBERSHIP shall be hereinafter referred to as the TERM. The BENEFITS set forth for this MEMBERSHIP may no longer be used upon expiration of the TERM.
The BENEFITS granted to USERS under these Terms and Conditions imply a discount on the price of goods and/or services to be purchased but no payment thereof is implied; therefore, USERS shall be obliged at all times to pay for the relevant goods and/or services so purchased. If the purchase made by USERS involve lodging services or any other applicable service, then USERS shall also be obliged to pay for any reservation modification or cancelation fees as may be applicable under the policies of the relevant RESORT.
The use of any of the BENEFITS set forth in these Terms and Conditions in favor of USERS shall be subject to: (i) availability of the dates requested, in the event of TOURISM BENEFITS; (ii) availability of lodging services or other services or goods requested in the event of AFFILIATED PROGRAM BENEFITS; and (iii) compliance with the requirements set forth by AFFILIATED PROGRAM BENEFITS.
USERS hereby acknowledge and agree that since the RESORTS where they can enjoy of the BENEFITS may vary, such BENEFITS are identified in the WEB SITE in order for USERS to be clearly aware of the locations where they may enjoy thereof.
USERS expressly acknowledge and agree that AFFILIATED PROGRAM BENEFITS may or may not be available and that such benefits are offered by third parties unrelated to POSADAS and its affiliates, that such benefits may vary and can be modified from time to time without POSADAS incurring in any liability whatsoever. USERS further agree that the use of BENEFITS involves the obligation to pay for such benefits and services provided by such third parties.
POSADAS shall be entitled to increase, substitute, remove or change any RESORT, since USERS acknowledge that the RE_SET MEMBERSHIP does not involve the purchase of any right to use any specific resort or hotel, but it implies the purchase of a BENEFIT plan. The current list of RESORTS and BENEFITS that are part of RE_SET shall be periodically informed to USERS through notices sent via e-mail or posted on the WEB SITE.
3) FREE TRIAL PERIOD
In order for USERS to be familiarized with and enjoy of some of the BENEFITS offered by the RE_SET MEMBERSHIP, POSADAS shall grant a free trial period of ninety days counted from the date of request of access free of charge, with the intention to allow new USERS to try out the services offered by the MEMBERSHIP.
In the event USERS desire to purchase the MEMBERSHIP, such USERS shall express their agreement to purchase it and make the corresponding payment under the terms defined in the WEB SITE. In any event, once the MEMBERSHIP is active and paid for, POSADAS shall sent a confirmation e-mail to the e-mail address provided by USER.
4) REQUIREMENTS TO USE THE BENEFITS.
USER may not use the BENEFITS unless he/she has purchased the MEMBERSHIP and upon expiration of the free trial period, all USERS shall pay for the MEMBERSHIP.
The price of the MEMBERSHIP is as defined in the WEB SITE.
The price of the MEMBERSHIP and any other amounts payable by USER with respect to the MEMBERSHIP such as taxes and other transaction expenses shall be borne and payable by USER.
Failure by USER to comply with such payment obligation shall result in the suspension of the use of the MEMBERSHIP by POSADAS.
6) NO TRADING.
USER agrees not to trade with the BENEFITS and if USER decides to trade with such BENEFITS, then POSADAS shall not be obliged to grant them. Likewise, in the event USER trades with the BENEFITS, this action shall result in cancellation of the MEMBERSHIP without POSADAS incurring in any liability whatsoever.
7) RULES OF USE AND BENEFIT AWARDS.
USER agrees to observe the following standards and procedures set forth by POSADAS in order to obtain the BENEFITS offered by the RE_SET MEMBERSHIP (i) upon making a reservation of TOURIST BENEFITS, such benefits shall be at all times subject to availability at RESORTS and/or (ii) AFFILIATED PROGRAM BENEFITS may be available at any other time.
(I) (I) Process to obtain TOURISM BENEFITS. The following is the procedure to be followed by USER to obtain TOURISM BENEFITS when making reservations:
A.- A. REQUESTS FOR RESERVATION shall be made through the WEB SITE.
B.- B. REQUESTS FOR RESERVATION shall include the following:
(i) Name of USER; (ii) Indication of lodging services requested; (iii) Dates/period during which USER wants to stay at the relevant RESORT (indicating check in and check out date, if applicable); (iv) Type of unit and RESORT; (v) Number of guests to arrive at the RESORT, including names and age; (vi) If USER is not going to be staying at the RESORT personally, the name of the guest or guests that will be staying at the RESORT; and (vii) Credit card information as reservation guarantee, pursuant to the reservation policy of the specific RESORT.
C.-REQUESTS FOR RESERVATION may be made pursuant to the terms, conditions and policies of each specific RESORT.
D.-All REQUESTS FOR RESERVATION are subject to availability of each RESORT. Consequently, POSADAS grants no warranty whatsoever to no USER of a REQUEST FOR RESERVATION but until POSADAS takes the relevant steps and informs USER that the CONFIRMED RESERVATION of the relevant TOURISM SERVICES is in place.
E.-Once POSADAS receives a REQUEST FOR RESERVATION, POSADAS shall verify compliance with the conditions referred to above, shall assess to which TOURISM BENEFITS such USER is entitled to and shall carry out the actions necessary to verify lodging availability with the requested TOURISM BENEFIT. If there is availability, then POSADAS shall issue and inform USER of the CONFIRMED RESERVATION..
F.-If the TOURISM BENEFIT so requested is not available, then POSADAS shall inform USER thereof.
G.-Regardless of the notice delivered by POSADAS to USER through the WEB SITE of the CONFIRMED RESERVATION, any and all CONFIRMED RESERVATIONS shall be informed to USER in the forms necessary, in the event of lodging services, via e-mail. All CONFIRMED RESERVATIONS shall include all the information necessary and required to use lodging services and TOURISM BENEFITS, as an indication that such reservation is not subject to changes or if any special charge applies in the event of modification, including the special rules applicable to such modification, if any.
H.-USER shall verify the CONFIRMED RESERVATION and that all the information contained therein is correct. USER shall also keep the reference number of the CONFIRMED RESERVATION, which shall be delivered to the RESORT where the reservation is made.
If USER identifies any error in the confirmation, USER shall report such error 24 hours after receiving the relevant notice. Failure to deliver such notice shall be deemed as the acceptance of USER.
I.-If USER wants to change or cancel the CONFIRMED RESERVATION, the modification or cancelation Policies and applicable penalties of the relevant RESORT shall be applied, and in the event such modification or cancelation cannot be processed, then USER shall pay the hotel the relevant penalty.
J.-USER or the guests who, as instructed by USER, enjoy of lodging services shall pay the RESORT the rate described in the CONFIRMED RESERVATION.
(II).-AFFILIATED PROGRAM BENEFITS. USER may use AFFILIATED PROGRAM BENEFITS in full force and effect and POSADAS shall inform USER through the WEB SITE which and how to use such benefits.
8) OBLIGATIONS OF POSADAS
POSADAS hereby agrees with USER to observe the terms and conditions agreed with USER with respect to the RESORT, as described in the CONFIRMED RESERVATION. Consequently, no additional amount shall be charged to USER. POSADAS shall incur in no liability whatsoever in the event USERS fails to comply with the reservation as a result of an act of nature or force majeure event, without this constituting cancelation of the MEMBERSHIP or the right of USER to demand any indemnity whatsoever from POSADAS.
USER acknowledges that any present or future RESORT that is part of the RE_SET MEMBERSHIP has its own internal rules, which USER and his/her guests or the person on behalf of whom USER makes the reservation shall observe throughout their stay at the RESORT. POSADAS in no event shall liable for the internal rules of the RESORTS or for the effects thereof, neither for any infringement by USER.
In the event of AFFILIATED PROGRAM BENEFITS, USER shall observe any and all guidelines, costs and requirements determined by the relevant third parties in order to enjoy of such benefits, without POSADAS incurring in any liability whatsoever with respect to the internal rules of each RESORT or for the effects thereof or for any default by USER.
In any event, any damages caused by USER or by the guests using lodging services to the facilities of any RESORT and any infringement by USER or by his/her guests of the guidelines and internal rules of third parties offering AFFILIATED PROGRAM BENEFITS shall constitute cause for cancelation of the MEMBERSHIP.
9) EXPENSES, FEES AND TAXES
Any expenses, charges, taxes and other similar amounts payable with respect to lodging services or the BENEFIT shall be borne by USER upon request by the RESORT or the AFFILIATED PROGRAM BENEFIT operator.
10) GENERAL PROVISIONS AND USE OF THE WEB SITE
A.- POSADAS reserves the right to modify the content and design of this WEBSITE at its sole discretion and without liability, as well as the Terms and Conditions it deems necessary or appropriate at any time and without notice or prior notification to USERS of the WEB SITE, provided that transactions in progress will be respected at all times. By accessing and using the WEB SITE, or the use of the services offered therein, USER agrees with any and all of these Terms and Conditions. USER understands that acceptance of these Terms and Conditions is a requirement to access and use the WEB SITE; therefore, the use of this WEB SITE by USER constitutes USER’S agreement with any and all terms, conditions and notices contained herein.
B.- Industrial and Intellectual Property. POSADAS, its affiliates or related parties, as well as its licensees and licensors hold, whether directly or through the execution of an agreement with third parties, any and all rights on the contents and design of the WEB Site, and including without limitation, on pictures, images, text, logos, designs, trademarks, trade names and data included therein. Such rights are protected by current legislation on industrial and intellectual property. The copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that constitutes an infringement of current legislation on industrial and intellectual property, as well as the use of the contents of the WEBSITE is totally prohibited unless with the express prior written authorization of POSADAS. POSADAS hereby informs USER that no access or consultation to the WEB SITE grants any license, authorization or implicit right over intellectual and/or industrial property rights or over any other right or property related, directly or indirectly, to the contents included in the WEB SITE.
C.- Use of the WEB SITE. USERS shall use the WEB SITE responsibly and with legal purposes pursuant to these Terms and Conditions. USERS shall not carry out any of the following activities, which include but are not limited to:
i) Distribute, disseminate, advertise or publish any information or material that is false, degrading, disparaging, embarrassing, humiliating or threatening to people;
ii) Abuse, slander, harass, accuse, threaten or otherwise infringe the rights of others;
iii) Download or upload files or programs of any kind;
iv) Distribute, disclose, advertise or publish any indecent material or information that infringes the rights of others;
v) Advertise or send, or otherwise disclose, confidential information, trade secrets or other proprietary, confidential and/or protected data;
vi) Copy or create works derived from displaying, distributing, licensing, performing, publishing, recreating, reproducing, selling, transferring or transmitting any information, products, services or software obtained by, from or through the WEB SITE;
vii) Monitor or copy any content through any process;
viii) Engage in any other conduct that is or POSADAS considers to be in conflict with the Terms and Conditions, and;;
ix) In general, perform any act against current legislation, morals and good customs.
This WEB SITE may include discussion rooms, news groups, news boards, chat rooms and other services in which third parties other than POSADAS and USER participate. POSADAS assumes no liability whatsoever for communications or dialogues in the course of the debates, forums, or chats that are organized through the WEB SITE and/or linked pages and assumes no liability for any eventual damages suffered by the USERS as a result of such communications or dialogues. POSADAS shall be entitled to review and monitor the communications or dialogues carried out through the WEBSITE, reserving the right to cancel any communication or dialog, as POSADAS may deem convenient or if POSADAS determines that such communication or dialog is contrary to the provisions of these Terms and Conditions. The information disclosed by USER thereat is of public nature and POSADAS assumes no privacy obligation whatsoever with respect to such information; therefore, USERS are advised not to disclose personal data or private information, except in specific cases where such disclosure is required for the purposes expressly set forth in the relevant privacy notice.
USER is exclusively responsible for the use of the password created to access the WEB SITE by hereby releasing POSADAS from any liability that may arise from any mis use USER may give to such password or from the use by any third party of such password, if USER voluntarily or involuntarily shared such password with any third party, even in the event that USER disclosed the password, intentionally or non-intentionally, to any third party, regardless of the means of disclosure.
If USER logs in the WEB SITE using any social network of which USER is a member (including, without limitation “Facebook”), then USER understand and agrees that by accepting access through the account USER has in any social network, USER agrees to share with POSADAS his/her public profile, contact list, e-mail address and all “likes” clicked by USER or by USER’S contacts (or any other equivalent elements of other social networks).
D.-Indemnity. USER hereby acknowledges and agrees that USER shall indemnify and hold harmless POSADAS, its affiliates, subsidiaries and/or related parties against any damages and losses that may result from any infringement of these Terms and Conditions, and against any damages and losses derived from or related to improper use by USER or a third party of the password assigned to USER to access the WEB SITE.
E.-No Warranties and Limited Liability. POSADAS shall make its best efforts to make the contents of the WEB SITE available at all times; however, POSADAS assumes no liability whatsoever if the WEB SITE is not available or if the access thereto is delayed, regardless of the cause. Likewise, POSADAS may at any time and without prior notice interrupt or cancel the access to the Site and/or to the contents thereof, without incurring in any liability whatsoever. POSADAS, its affiliates and officers, directors, agents and employees assume no liability whatsoever for any damages and losses derived from or related to the use USER gives to the Site and/or to the contents thereof, including without limitation, loss of data, information or programs, damage to computers or networks, failures, delays or difficulties in telephones, electrical and electronic devices, the network, internet, computers or computer components or computer programs. Third parties other than POSADAS and USER may access the contents of the WEB SITE, who may change or remove such contents without authorization of POSADAS. POSADAS assumes no liability whatsoever in the event changes made by third parties without authorization of POSADAS affect the contents of the WEB SITE. POSADAS grants no warranty whatsoever other than those corresponding to services provided by POSADAS based on these Terms and Conditions. POSADAS acknowledges no warranty of any type of nature, other than those expressly described herein. No information provided by agents or employees of POSADAS or authorized third parties or in the Site shall create any warranty of any nature with respect to the Terms and Conditions or the Site. In any event, POSADAS assumes liability that shall not exceed of the amount of fees or charges paid by USER to POSADAS for the services and/or information arising in such liability. The services offered at the WEB SITE are the only services authorized by POSADAS; therefore, POSADAS assumes no liability whatsoever for any other product or service offered by any third party other than POSADAS and not otherwise contained in the WEB SITE. POSADAS, its affiliates, subsidiaries and related parties, and their respective officers, directors, agents and employees shall not be responsible for the following: malfunctions, failures, delays or issues with telephones, electrical and electronic devices, the network, internet, computers or computer components or computer programs. Nor will they be held responsible for mail, e-mail, sending forms, connections, messages or captures of information that have been delayed, lost, stolen, or any of the foregoing if they are found illegible, incomplete, confused, misdirected, mutilated or of insufficient bearing, or for the safety of any of the foregoing. USER further agrees that POSADAS, its affiliates, subsidiaries and related entities, including their respective officers, directors, agents and employees assume no responsibility or liability whatsoever for damages or losses caused to the personal computer of the person capturing information, nor for the interception or use of credit card information that is related to or resulting from the use of the WEB SITE, nor for any sites, services or materials linked to or related to the use of "tests" or authentic reservation mechanisms at any time. They shall not be responsible or liable in any way for any damages, losses, claims or losses relating to or resulting from this Site or the booking mechanism, whether or not they operate on computers or networks used by the individual capturing information or communicating with such computers or networks.
F.-Third party links. This WEB SITE may contain links (hyperlinks) to websites operated by third parties that are not POSADAS or any of its subsidiaries, such links are provided for reference only. POSADAS does not control these websites and assumes no responsibility for their content. The inclusion of hyperlinks to such websites does not imply approval of the material contained in such websites.
G.-When USER discloses information to POSADAS through the use of this Site, including, but not limited to registration forms, feedback, questions, comments, suggestions and similar cases, USER consequently: (a) recites and assures that such information is complete, true and accurate, and that he/she owns all rights to such information, which is his/her own original and unpublished work, and that it is not based in whole or in part on any pre-existing work or work of another person, that it does not violate or transgress in any way any proprietary right, trademark, brand name, service mark, or any other written law or common law, or any personal or proprietary right or interest, that such information is not abusive, obscene, profane, sexually explicit, threatening or unlawful, and agrees to indemnify, defend and hold harmless POSADAS from and against any claim of this nature, and agrees to waive and assign all rights to and ownership of any information; b) acknowledges that USER is exclusively responsible for any damage resulting from the infringement of property rights, copyright or any other damage resulting from having provided such information and the subsequent use given by POSADAS to such information; and c) automatically grants POSADAS the right and worldwide, royalty-free, exclusive right to use, reproduce, publish, distribute or disclose such information (in full or in part, through any other means now known and used, or known and used in a future medium, in perpetuity); however, you acknowledge that POSADAS has no obligation to use, reproduce, publish, distribute or disclose the information. POSADAS is free to use the ideas, concepts, knowledge or techniques contained in its communications for any purpose, including, but not limited to, the development, production, offering and/or marketing of products and services incorporating such information.
11) ELECTRONIC MEANS AND COOKIES
USER hereby states that he/she has read these Terms and Conditions and acknowledges that this document contains the entire and express agreement of both USER and POSADAS to carry out the actions referred to herein.
13) CONTRACTUAL SAFETY USER shall have no more than five (5) business days from the date of purchase of the MEMBERSHIP to request termination of the contractual relationship created between USER and POSADAS and to get a refund of any amounts paid with no deduction whatsoever, provided that there is no CONFIRMED RESERVATION. Such request for termination made under the terms of this clause shall be made in writing and delivered at POSADAS’ address or via registered mail, in which case the date of cancelation shall be de date of receipt of such notice with postage prepaid as shown in the seal of the mail office or waybill of the courier company. POSADAS shall have fifteen (15) business days from the termination date to refund any and all amounts paid by USER.
14) NOTICES Any notices related to these Terms and Conditions shall be delivered through the means defined for such purposes in the WEB SITE or via e-mail, certified mail or specialized courier service to the following addresses: If to POSADAS: Av. Prolongación Paseo de la Reforma No. 1015, Torre “A” Piso 9, Col. Santa Fe Cuajimalpa, Delegación Cuajimalpa de Morelos, C.P. 05348, Mexico City and/or e-mail: email@example.com If to USER: To the address and/or e-mail address USER indicates in the means made available to USER by POSADAS. The parties agree that updates of lists of RESORTS and BENEFITS and cancellations and reservation modifications can be informed through notice sent via e-mail or by posting such notice on the RE_SET web site.
15) MODIFICATIONS TO THESE TERMS AND CONDITIONS These Terms and Conditions may be modified at the discretion of POSADAS, provided that such modifications are informed to USERS through the WEB SITE or through the procedures defined for such purposes and provided, however, that such modifications do not adversely affect the rights granted to USERS who carried out transactions paid in full. In this case, if USER has not carried out transactions paid in full, USER may request termination of the contractual relationship in terms of section 12 above, within 5 days from the date of notice of modification of these Terms and Conditions delivered to USERS. Without prejudice to any other change POSADAS may make in the future, the cost of the MEMBERSHIP shall be increased every year in proportion to the National Consumer Price Index published by the Mexican Central Bank in the Federal Official Gazette or based on the substituting reference index. In the event no increase is made, such increase may be accrued based on the above-mentioned index. Any modification to these Terms and Conditions shall by informed to USERS through notice sent via e-mail or through publication on the WEB SITE, by indicating the effective date of such modifications.
16) HEADINGS AND PARAGRAPHS. Titles, headings and paragraphs contained in these Terms and Conditions are included for reference purposes only and shall not affect the contents or interpretation hereof.
17) SURVIVAL. In the event any judicial or administrative authority determines that any section, paragraph or provision of these Terms and Conditions is null and void, the remaining sections, paragraphs and provisions shall continue in full force and effect for the parties.
18) TRANSLATIONS. In the event this document is in any language other than the Spanish language, such document shall be deemed as a translation and in the event of inconsistencies between such translation and the original version in Spanish language, the Spanish version shall prevail.
19) APPLICABLE LAW AND JURISDICTION. These Terms and Conditions shall be governed by the laws of Mexico City. USER hereby states to be aware of the scope of these Terms and Conditions and that they constitute the faithful expression of his/her will and with respect to any breach or interpretation, USER submits to the jurisdiction of the Procuraduría Federal del Consumidor (Consumer Protection Agency of Mexico), and to the administrative action as means of settlement, to resolve any disputes that may arise, and if no settlement is reached, then USER agrees to submit to the jurisdiction of the Laws and Courts of Mexico City, waiving any other jurisdiction USER may be entitled to by reason of his/her present or future domiciles or by reason of the location of USER’S property, or his/her nationality To the extent permitted by applicable law, no complaint, claim or cause of action relating to access to or use of this Site shall be filed later than one (1) year after the date such complaint, claim or action is filed.