
Your access to the website of Futuro Solido USA, LLC (“we,”
“us” or “our”) is subject to the following Terms
of Use (including our Privacy Policy), which we may update from time
to time without notice to you. By accessing and using our website, you
agree that you have read, understand and agree to our Terms of Use then
in effect. You can determine when our Terms of Use was last revised
by checking the date at the bottom of these Terms of Use. If you do
not agree with our Terms of Use, your sole remedy is to discontinue
use of our website.
There is no cost to use our non-fee based services. Our website may
not be available at all times or in all areas. We reserve the right
at any time in our sole discretion, without notice or liability to
you, to deny service to you, to modify or discontinue our website
or the services we offer or to charge fees for the use of our website.
1. Our Proprietary Rights. The information and materials
provided on and through our website, including any data, text, graphics,
images, audio and video clips, logos, icons, software and links (collectively,
“materials”), are and shall remain the property of us
and our licensors and suppliers and are protected by copyright, trademark,
patent and other proprietary rights and laws. You may use one copy
of the materials for your personal use (and not for any public or
commercial use) if you retain all copyright and other proprietary
notices on the materials and do not use any graphics without the accompanying
text. Except as expressly permitted in these Terms of Use, you may
not reproduce, distribute, display or perform (publicly or otherwise),
prepare derivative works of, modify, make, sell, offer to sell, import
or otherwise exploit any materials without our prior written consent,
and if we require, the prior written consent of our licensors and
suppliers. The trademarks, trade names and service marks on our website
are the property of us or others. No use of any of our trademarks,
trade names or service marks may be made without our prior written
consent, except to identify our products or services. Except as permitted
above, no license or right, expressed or implied, is granted to any
person under any of our or our licensors’ patents, trademarks,
copyrights or other proprietary rights. Misuse of any of our or our
licensors’ intellectual property rights is prohibited. We will
aggressively enforce our intellectual property rights, including via
civil and criminal proceedings.
2. Code of Conduct. While using our website and
materials, you agree to comply with all applicable laws, rules and
regulations. In addition, we expect users of our website to respect
the rights and dignity of others. You agree not to:
• Restrict or inhibit any other visitor or subscriber from using
our website, including, without limitation, by means of “hacking”
or defacing any portion of our website;
• Transmit or otherwise make available in connection with our
website:
• any content or information that is fraudulent, threatening,
intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic
or otherwise objectionable or would give rise to criminal or civil
liability;
• any material, non-public information about companies without
the authorization to do so;
• any content or information that encourages conduct that constitutes
a criminal offense or that encourages or provides instructional information
about illegal or potentially illegal activities;
• any content or information that is or may be protected by
copyright, trademark, trade secret, right of publicity or other proprietary
right without the express consent of the owner of such right; or
• any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or other unsolicited commercial
communication (except with our prior written consent);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses,
worms, trojan horses, easter eggs, web bugs, cancelbot, “spyware,”
defects, date bombs, time bombs or any other computer code, file or
program that may or is intended to damage or hijack the operation of
any hardware, software or telecommunications equipment or any other
actually or potentially harmful, disruptive or invasive code or component;
• Interfere with or disrupt the operation of our website or the
servers or networks that host our website or make our website available
or disobey any requirements, procedures, policies or regulations of
such servers or networks;
• Impersonate any person or entity, including but not limited
to any of our agents or representatives, falsely state or otherwise
misrepresent your affiliation with any person or entity or express or
imply that we endorse any statement you make, without our prior written
consent;
• “Frame” or “mirror” any part of our
website without our prior written consent;
• Use any robot, spider, site search/retrieval application or
other manual or automatic device or process to retrieve, index, “data
mine” or in any way determine, archive, reproduce or circumvent
the navigational structure or presentation of our website or its contents;
• Create a database by systematically downloading and storing
all or any of the materials from our website; or
• Interfere with or violate any other website visitor's or user's
right to privacy or other rights or harvest or collect information about
website visitors or users without their express consent.
3. Our Information. Although we strive to provide materials
that are both useful and accurate, laws, regulations, data and other
information change frequently and are subject to varying interpretations.
In addition, the facts and circumstances of every situation differ.
Accordingly, although we endeavor to use reasonable care in assembling
the materials, the materials may not be up-to-date, accurate or complete.
If you wish to see whether you have the most recent version of the materials
made generally available by us, please contact us by clicking on the
“Contact Us” link on our website with your request. We note
that even the most recent version available from us may not be up-to-date,
accurate or complete.
Portions of the materials have been contributed to our website by various
industry specialists and service providers. The inclusion of such information
does not indicate any approval or endorsement of such providers, and
we expressly disclaim any liability with respect to the foregoing.
4. Your Information. In order to register with us or
purchase products or services from us, you must provide us with certain
information, including your name, contact information and payment information.
You may also provide personal and other information to us, such as through
our “Contact Us” or “Join our List” options
on our website. By providing us with information or materials, unless
you otherwise specify in writing to us at such time, you grant to us
a perpetual, irrevocable, fully paid-up, transferable, sublicenseable
(through multiple levels), non-exclusive, worldwide right and license
to use, reproduce, distribute, display and perform (publicly or otherwise),
prepare derivative works of and modify, make, sell, offer to sell, import
and otherwise use and exploit all or any part of such information and
materials in any form or media (now known or later developed) for any
purpose, commercial or otherwise, without compensation or other obligation
to you except as otherwise required by our Privacy Policy. You acknowledge
that we own all right, title and interest in any compilation, collective
work or derivative work created using or incorporating your information
and materials. You represent that your information will be accurate,
current and complete when provided to us. You also represent that you
have the power and authority or capacity to grant us the above license,
that your information and materials are not subject to any claims or
encumbrances, and that your information and materials and our exercise
of the above license do not and will not violate any law, rule or regulation
or infringe, misappropriate or violate any patent, copyright, trademark,
trade secret, publicity, privacy or other rights of any third party.
5. Making Purchases. By purchasing products or services
described on our website directly from us, you are providing us and/or
our third party providers with your personal information. Our use
of such information will be governed by our Privacy Policy. If you
purchase products or services described on our website from our business
partners, you are providing such partners with your personal information,
and you should refer to such partners’ privacy policies with
respect to how such information may be used. If you register for an
account with us, you agree that you will not allow others to use your
account and that you will have sole responsibility for any unauthorized
use of your account. You also agree to keep your account information
up to date and accurate. You agree to pay all charges incurred by
you or any users of your account and credit card (or other applicable
payment mechanism) at the price(s) in effect when such charges are
incurred. You will also be responsible for paying any applicable taxes
relating to your purchases. If you make a purchase through our website,
you represent that you are at least 18 years of age.
Descriptions or images of, or references to, products or services
on our website do not imply our endorsement of such products or services.
We reserve the right, without prior notification, to change such descriptions
or references, to limit the order quantity on any product or service
and/or to refuse service to you. Verification of information applicable
to a purchase may be required prior to our acceptance of any order.
Price and availability of any product or service are subject to change
without notice. Any products or services that you purchase may also
be subject to additional terms of use or agreements.
6. Links. Our website contains links to other Internet
websites which may or may not be owned or operated by us. We have
not reviewed all of the websites that are linked to our website, and
we have no control over such sites. We are not responsible for the
content of such websites, any updates or changes to such sites or
the privacy or other practices of such sites. The fact that we offer
links to other websites does not indicate any approval or endorsement
of any material contained on any linked site. We are providing these
links to you only as a convenience. Accordingly, we strongly encourage
you to become familiar with the terms of use and practices of any
linked site. Further, it is up to you to take precautions to ensure
that whatever links you select or materials you download (whether
from our website or other sites) are free of such items as viruses,
worms, trojan horses, easter eggs, web bugs, cancelbot, “spyware,”
defects, date bombs, time bombs and other items of a destructive nature.
7. Dealings with Third Party Providers. Your correspondence
or business dealings with, or participation in promotions sponsored
by, any third party providers of goods or services found on or through
our website, and any terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such third
party provider. You agree that we are not responsible or liable for
any loss or damage of any sort incurred in connection with any such
dealings or as the result of the presence of such third parties’
materials on our website.
8. Jurisdictional Issues. Our website is solely
directed to individuals residing in the United States. We make no
representation that materials available on or through our website
are appropriate or available for use in other locations. If you choose
to access our website from locations outside of the United States,
you do so on your own initiative and at your own risk, and are responsible
for compliance with applicable laws. We reserve the right to limit
the availability of our website and the provision of any service,
program or other product described on our website to any person, geographic
area or jurisdiction, at any time and in our sole discretion. You
agree not to transport, import, export, or re-export all or any part
of the materials to (or to a national or resident of): (a) Cuba, Iraq,
Libya, Liberia, North Korea, Iran, Syria, Serbia, Sudan or any other
country to which the U.S. has embargoed goods or (b) any person or
entity on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders.
You also represent, warrant and covenant to us that you are not located
in or under the control of any such country or on any such list.
9. Termination. We may terminate your use of our
website or any part of it and your account with us at any time and
for any reason without any notice to you. Neither we nor any of our
affiliates will be liable to you or any third party for any termination
of your access to any part of our website or your account.
10. Disclaimers and Limitation of Liability. EXCEPT
AS OTHERWISE SET FORTH ON OUR WEBSITE OR MATERIALS, OUR WEBSITE, THE
MATERIALS ON OUR WEBSITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH
OUR WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES,
LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS OR SUPPLIERS,
NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS
OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS
OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITE
OR MATERIALS CONTAINED ON OUR WEBSITE, ANY LINKED SITE OR ANY MATERIALS,
PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE, EVEN IF WE HAD
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WE AND
OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT
YOUR USE OF OUR WEBSITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE
OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE, THE
SERVER(S) ON WHICH OUR WEBSITE IS HOSTED OR OUR MATERIALS ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER
HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEBSITE,
AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE OR STATEMENT OF
US OR OUR AFFILIATES, LICENSORS, SUPPLIERS, AGENTS OR VISITORS, WHETHER
MADE ON OUR WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, MATERIALS OR ANY
LINKED SITE IS TO STOP USING OUR WEBSITE, MATERIALS OR LINKED SITE,
AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE
THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OUR WEBSITE OR USE
OUR MATERIALS. YOUR USE OF OUR WEBSITE AND ANY MATERIALS PROVIDED
THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK.
A possibility exists that our website or materials could include inaccuracies
or errors, or information or materials that violate these Terms of Use
(specifically, the Code of Conduct above). Additionally, a possibility
exists that unauthorized alterations could be made by third parties
to our website or materials. Although we attempt to ensure the integrity
of our website, we make no guarantees as to its completeness or correctness.
If a situation arises in which our website’s completeness or correctness
is in question, please click on the “Contact Us” link on
our
website with a description of the material to be checked and the location
(URL) where such material can be found on our website.
11. Indemnification. You agree to indemnify, defend
(if we so request) and hold us, our affiliates, licensors and suppliers
and our and their directors, officers, employees, consultants, agents
and other representatives (collectively, “indemnified parties”),
harmless from and against any and all claims, damages, losses, costs
(including reasonable attorneys’ fees and other legal costs)
and other expenses (collectively, “losses”) that arise
directly or indirectly out of or from (a) your breach of these Terms
of Use, including any violation of the Code of Conduct, above; (b)
any allegation that any information or materials you submit to us
or transmit to our website infringe or otherwise violate the copyright,
trademark, trade secret or other intellectual property, privacy or
other rights of any third party; and (c) your activities in connection
with our website. You also agree to reimburse each indemnified party
on demand for any losses incurred by such indemnified party to which
this indemnity relates.
12. Notice for California Users. Under California
Civil Code Section 1789.3, California website users are entitled to
the following specific consumer rights notice: California residents
may contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone
at (916) 445-1254 or (800) 952-5210.
13. Miscellaneous. These Terms of Use are governed
by and construed in accordance with the laws of the State of Colorado,
United States of America, without regard to its principles of conflicts
of law. You agree to submit to the exclusive jurisdiction of any State
or Federal court located in the County of Denver, Colorado, United
States of America, and waive any jurisdictional, venue or inconvenient
forum objections to such courts. If any provision of these Terms of
Use is found to be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from these Terms of
Use and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the
subject matter herein and supersedes any and all prior or contemporaneous
written or oral agreements between us with respect to such subject
matter. These Terms of Use are not assignable, transferable or sublicenseable
by you except with our prior written consent. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. Any heading, caption
or section title contained in these Terms of Use is inserted only
as a matter of convenience and in no way defines or explains any section
or provision hereof.
14. Questions. This website is provided by Futuro
Solido USA, LLC. If you have any questions, comments or complaints
regarding these Terms of Use or our website, feel free to contact
us by clicking on the “Contact Us” link on our website.
Adopted October 1,, 2005.