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Terms and Conditions Of Use Of Dive Rite Mexico Website
In Dive Rite Mexico we always want you to be satisfied with our products and services; for this reason we present you several methods for purchase return. Valid only for products purchased at www.diveritemexico.mx online store in Mexico.
1. User Agreement. The present convention (hereafter “User Agreement”) regulates the use of the services provided by “Vámonos Mojando” S.A. de C.V., through its website or hosted websites, located or linked to or in the same, which is located in the web address: www.diveritemexico.mx (hereafter “Dive Rite Mexico” or the “Portal”. Each time a person access the Portal or use the services provided by Dive Rite Mexico detailed next, receives a “user” status of Dive Rite Mexico (hereafter the “User”). The User, when accessing Dive Rite Mexico or when using the services provided though the Portal, tacitly and unconditionally accepts to be bound by the terms and conditions contained in this User Agreement, therefore adhering to the content and reach of the User Agreement version published online by Dive Rite Mexico from time to time at the same moment the User access Dive Rite Mexico. Due to the above, it is recommended the User carefully read the User Agreement every time Dive Rite Mexico services are being used since such agreement can be updated and/or modified by Dive Rite Mexico anytime without any direct personal notification to the User. In this regard, the User could at any time examine the User Agreement updated version just by clicking the User Agreement link located at the bottom of the access web page.
2. Service. Dive Rite Mexico Provides users, directly or indirectly, with access and/or use, as the case may be, of a range of on-line resources, services and content through the global Information system or network known as "Internet" (World Wide Web or www), including, but not limited to: product information and electronic procurement services through the Portal Brokerage Services (hereinafter the "Services"). Diver Rite Mexico reserves the right to modify, add or unilaterally remove, at any time and without prior notice, the Services, presentation and configuration of Dive Rite Mexico and any of the services, as well as the conditions required to access and/or use any of the services. In the same way, the acquisition, purchase, sale or procurement of any item through any of the Services is under the sole and exclusive risk of the Users and
3. Access to Dive Mexico and Use Of The Services.
3.1. No-Cost Service. The provision of services provided to users by Dive Rite Mexico It is free of charge, except for certain Services that can only be used by paying a price and which Dive Rite Mexico will identify for user use from time to time. Dive Rite Mexico provides only its users the ability to use the Services so the User is responsible for having the necessary equipment to establish the connection and access to the Internet through any phone or other connection through technology Known or to be known. The User will be responsible at all times for the costs associated with such access.
3.2 Proper Use of Dive Rite Mexico. The user undertakes to use and access the Dive Rite Mexico and to make use of the services in accordance with the provisions of the laws, the morals, the good customs and the public order applicable in the country in which it is located when accessing the services with the provisions of this User Agreement, therefore, it is obliged to refrain from using Dive Rite Mexico and the Services or to carry out acts for illicit purposes or effects, detrimental to the rights and interests of third parties, contrary to the User Agreement or for seditious or clandestine purposes or which in any way can damage, disable, overload or deteriorate Dive Rite Mexico and services or prevent their normal use of Users, in which case Dive Rite Mexico may, upon knowledge of such use, suspend Services to the User immediately after Dive Rite has obtained such knowledge, and the User will have five days to remedy such use or express to Dive Rite Mexico what to his right agrees.
3.3 Dive Rite Mexico Content. The User declares that he knows and is aware that all the information, data, text, software, sound, photographs, graphics, videos, messages or other materials contained in Dive Rite Mexico as well as the Portal itself and its "lay-out" web design (hereinafter the "Content"), whether published for the general public or transmitted in private, is the exclusive ownership of the owner of such Content and the exclusive responsibility of the person who originated the Content and not from Dive Rite Mexico, except when expressly indicated otherwise. For the foregoing, Dive Rite Mexico is not responsible for the Content and publication thereof or represents in any way the opinion of Dive Rite Mexico. The User or the person who generates the Content, will be solely responsible for it whether it has been entered, published, sent by email or otherwise transmitted through Dive Rite Mexico or Services. Because Dive Rite Mexico does not control the Content that is transmitted, stored or published through the Services, it does not guarantee its accuracy, veracity, suitability, currentness, integrity, usefulness or its quality. The User when using the service, may be exposed to Content that is offensive, indecent or unacceptable to himself or illegal under the laws applicable in the country of residence of the User or in the country in which the User is located when accessing the Services, so Dive Rite Mexico, under no circumstances, shall be liable to the User or to third parties for the Content, including, but not limited to, errors of any kind or omissions in any Content, or losses, damages, penalties and/or fines of any class that is incurred as a result of any published Content, sent by email or otherwise transmitted through the Portal.
3.4. Proper Use of Dive Rite Mexico Services. In cases where the User makes use of those Services that, by their nature, allow Users to enter content in Dive Rite Mexico and make them accessible to other Users, for example, among others, e-mail services, or online purchases (hereinafter "online Services") are obliged to use them in accordance with applicable laws, morals, good manners, public order and User Agreement. In an enunciative manner, more non-limiting, the user is obliged and agrees not to use the services for: (a) introducing, posting, emailing or otherwise transmitting any Content that goes against applicable laws, morals, good manners, harms, threatens, abuses, attacks, defames, slanders, violates the privacy of third parties, generate racial and/or ethnic and/or religious hatred or any other way contrary to the provisions of this User Agreement, in which case Dive Rite Mexico may, upon knowledge of such use, suspend Services to the User immediately after Dive Rite Mexico has obtained such knowledge, and the User shall have five days to remedy such use or express to Dive rite Mexico as to its right agree; (b) impersonating another person or entity, entering false, altered or distorted data causing error, confusion, misunderstanding or deceit; (c) falsifying headers or otherwise manipulating identifiers to hide the origin of any Content transmitted through the Services; (d) introduce, publish, send emails or otherwise transmit any Content that is not entitled to transmit under any law or under any contractual or fiduciary relationship (such as insider information, own information or confidentially known or disclosed as part of a working relationship or under a Confidentiality Agreement; (e) introduce, post, copy, profit with and/or send emails or otherwise transmit any Content that infringes any copyright, patent, trademark, trade secrets, reproduction rights or any other industrial and/or intellectual property rights of any third party and/or Dive Rite Mexico; (f) introduce, post, send emails or otherwise transmit any advertising, promotional material, junk mail, chain letters, scam pyramids, or any other form of poly-citation, except in those areas of Dive Rite Mexico that are expressly designated for that purpose (as they would be in your case, the purchasing sectors); (g) introduce, publish, send emails or otherwise transmit any material that contains computer software viruses or any other code of computers, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interrupt the normal flow of dialogue, cause rapid scrolling of the screen at a speed in which other Users of the Services are not able to write through the computer keyboard, or otherwise act in a way that adversely affects the ability of other users to interact real time exchanges; (i) interfere with or disrupt the Services and/or servers or internal networks connected with the Services; (j) violate any applicable law in Mexico, Distrito Federal, the place of residence of the User, and/or the place where the User is located upon access to the Service is such municipal, provincial, local, state, federal or international law, including, but not limited to, regulations promulgated by any stock exchange in which trading transactions are specifically made and/or similar; as well as any regulation with force of law, either intentionally or unintentionally; (k) stalking or otherwise harassing another person; (l) collect or store personal data about others; and, (m) any other activity that is contrary to good manners; (n) introduce yourself to other personal Services and access your personal information, email account, etc. Even when Dive Rite Mexico does not perform pre-screen checks or reviews of the Content, both Dive Rite Mexico and the persons designated for such purposes, shall have at their discretion the right (but not the obligation) of, at any time and without prior notice to Users, review, refuse, delete, modify, replace and/or move any Content that is available through the Services and Dive Rite Mexico may suspend access or any Service to the User for that reason. The same faculty and law shall have Dive Rite Mexico to remove any Content that violates the User Agreement or otherwise means or implies an objection and/or contradiction to it. Dive Rite Mexico states and the User accepts that it is the sole responsibility of the Users to evaluate and run with the risk associated with the use of any Content, including the accuracy, totality or usefulness of the Content; for the foregoing, the User expressly acknowledges that it is not possible to rely on accessible Content through Dive Rite Mexico. The User acknowledges and agrees that Dive Rite Mexico can maintain and retain in its archives for personal information itself, the Content of the Users and may also disclose the same if by law and/or competent authority is required or for considering in good faith that such maintenance or disclosure is reasonably necessary for: (i) comply with legal proceedings, whether administrative or judicial; (ii) comply with the User Agreement; (iii) respond to claims involving any Content that undermine rights of third parties; or (iv) protect the rights, property, or security of Dive Rite Mexico, its Users, and the general public. The User recognizes that for the provision of Services, technical processing and transmission, including Content, may involve (a) transmissions through several networks; and (b) changes to adapt and conform to technical requirements to connect to networks or devices. With regard to the use of specific Services contained in Dive Rite Mexico, the User shall be governed by what is agreed in this User Agreement.
3.5 Proper use of the content of Dive Rite Mexico. The User shall refrain from obtaining and even attempting to obtain content through Dive Rite Mexico or the Services through means or procedures other than those which, as the case may be, have been made available for this purpose or have been indicated for this purpose in the web pages of the Portal where the contents are found, or in general those commonly used on the internet for this purpose. The User is obliged to use the Content in a diligent, correct and lawful way, otherwise Dive Rite Mexico may suspend the Services to the User immediately after the Dive Rite Mexico has had knowledge of such use, and the User will have five days to remedy such use or to express to Dive Rite Mexico what to its right agrees. Likewise, the User, in particular, undertakes to refrain from: (a) using the Content of form, with purposes or effects contrary to the applicable laws of Mexico, Distrito Federal, the place of residence of the User, and/or the place from where the services are accessed , morality, good manners and/or public order; b) reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the Content, without the prior authorization of the holder of the corresponding rights; (c) Delete, circumvent or manipulate the copyright, trademarks, patents, "copyright" and other identifying data of the rights of Dive Rite Mexico or its incumbents incorporated in the Content, as well as the technical protection devices, fingerprints or any information mechanisms that may contain the Content; and (d) use the Content and, in particular, information of any kind obtained through Dive Rite Mexico or Services, to send publicity, communications for direct sales or any other kind of commercial purpose, unsolicited messages aimed at a plurality of people irrespective of their purpose, as well as refraining from marketing or divulging such information in any way. Any Content that is downloaded ("downloaded") by the User through the Services, will be at your own discretion and risk, so you will be solely responsible for any damage to your computer, equipment or system, as well as the loss or impact of data contained therein.
4. Intellectual Property Rights. The User acknowledges that the Service and any software that is necessary to be used in connection with the Service may contain extraneous and confidential information that may be protected by intellectual property laws and other applicable laws. The User states that he or she is aware and agree that the Content found in the advertising of the sponsors or advertisers and/or information presented to their attention through the Service or sponsors or advertisers, may be protected and/or limited its use by copyright, reproduction, trademark, patents or other proprietary rights and laws.
Except expressly that which is authorized and specifically designated by Dive Rite Mexico, its sponsors or advertisers, the Users undertake not to modify, copy or reproduce, rent, loan, sell, distribute or create works of the Service and/ (u) derivative and/or Service-based works, in whole or in part. The entire Content of the Services is protected by intellectual property rights. All rights reserved. Total or partial reproduction is prohibited "or by Content of third party suppliers of Content that are also protected by international intellectual property rights laws. Dive Rite Mexico, www.diveritemexico.mx and each and every one of the names used in the Service and in general in Dive Rite Mexico that include the word Dive Rite Mexico in its denomination, are registered trademarks property of Dive Rite Mexico. Likewise, Dive Rite Mexico logo is also registered and is the property of Dive Rite Mexico. The User is obliged not to reproduce, duplicate, sell or exploit for commercial reasons, the whole and/or any portion of the Services or the Content under any circumstance.
5. Procedure in case of infringement of intellectual property rights. In the event that any User or third party considers that any of the Content found or entered into Dive Rite Mexico and/or any of its Services, violate their intellectual property rights, they must send a notification to Dive Rite Mexico where indicate, at least: (a) personal data (name, address, telephone number and email address of claimant); (b) the signature autograph with the personal data of the owner of the intellectual property rights or of the person duly authorized to act on behalf of and for the account of the owner of the intellectual property rights allegedly infringed and/or violated; (c) the precise and complete indication of the Content (s) protected by the intellectual property rights allegedly infringed, as well as its location on Dive Rite Mexico or any of the Services; (d) an express and clear statement that the introduction of the Content (s) indicated has been made without the consent of the owner of the intellectual property rights allegedly infringed; (e) an express, clear and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the Content (s) constitutes a violation of its intellectual property rights; (f) simple copy of the document certifying ownership of the alleged right infringed. These notifications should be sent to "The Legal Directorate of Dive Rite Mexico de Mexico, S.A. de C.V." to the e-mail address firstname.lastname@example.org, and will indicate the steps to follow and the physical address to which the original documents must be delivered.
6. Publicity. In the event that the User wishes it, he/she may enter in correspondence with or participate in promotions of the sponsors or advertisers that show their products and/or services in the Services. Any such correspondence or promotions, including delivery of and payment of products and/or services, and any of the other terms, conditions, warranties or statements associated with such correspondence or promotions, are understood as Exclusive between the corresponding User and The advertiser and/or sponsor, so Dive Rite Mexico will not be responsible for the veracity, functionality, content and quality of such products and/or services or payment made to that person. Therefore, Dive Rite Mexico does not assume or assume any responsibility or obligation in this respect, nor may nor shall be liable for any such correspondences or promotions nor shall it be liable for any loss incurred as a result of such treatment or as a result of the presence of such sponsors or advertisers in the Service. Dive Rite Mexico does not offer any guarantee regarding the information of its own and/or third parties.
7. Links to Third Party Sites (Links). In some cases, Dive Rite Mexico provides links to other web sites and/or other third-party resources. Because Dive Rite Mexico has no control over such sites or its resources, the User acknowledges and accepts that Dive Rite Mexico is not and will not be responsible for the availability of such external sites and outside the Dive Rite Mexico or access to them, nor of the resources they use, nor does it ensure that the site contains legitimate or bidding information and does not accept or accept to be considered as responsible for the inability to access or any Content, advertisements, products or other materials of or available on such sites or resources. In the same way, Dive Rite Mexico shall not be liable for any loss or damage caused or allegedly caused by or in connection with the use of security over such Content, products or services available on or through any such sites or resources.
8. Compensation. In all cases that are mentioned below and/or those derived therefrom, the User accepts to be responsible and agrees to indemnify, maintain and remove in peace and safe Dive Rite Mexico, its directors, officials, employees, collaborators, suppliers, agents and/or shareholders, in and of any claim and/or claim, including reasonable attorneys ' fees and costs and trial expenses, made by third parties due to or derived from: (a) the content you submit, post, email or other Dive Rite Mexico Services or otherwise transmit through the Services; (b) for the use of the Service; (c) connection with or Services; (d) any violation of the User Agreement or Specific Conventions; or (e) any infringement and/or violation of any of the rights of intellectual property or other right of any person or entity.
9. Termination. Any User of the Service, accepts and agrees that Dive Rite Mexico, in its sole discretion and without prior notice, may terminate or suspend the use of all or part of the Services for any cause or reason, so they recognize that Dive Rite Mexico will not be liable against Users or against third parties for such termination or suspension.
10. Policies of the Use of the Services. Users accept and acknowledge that Dive Rite Mexico may establish at any time and without prior notice to Users general and specific practices and policies as well as limitations concerning Services, provided that they are published In the Portal, from which they will be applicable to the Users.
11. Violation of the User Agreement. Dive Rite Mexico requests all Users to report any violation of the User Agreement or Specific Agreements as soon as they are aware of this through any type of communication.
12. Limit of Liability. Dive Rite Mexico in no way can guarantee that the Services: (a) comply with the appropriate, required or expected requirements for or for each of the Users; (b) do not interrupt; (c) arrive on time; (d) arrive with a certain level of speed; (e) arrive without errors; (f) or that the results obtained by the use thereof are accurate and/or reliable.
Dive Rite Mexico does not guarantee that any errors in the software of the Services are (n) or can be corrected in whole or in part, so that Dive Rite Mexico will not be obliged to make any concessions. Dive Rite Mexico shall not be liable for direct, indirect, moral, special or consequential damages resulting from the use of the service or the impossibility of using it. The price, quality, quantity, delivery times will be established on the site which may vary without prior notice, therefore apply the conditions that are at the very moment that the purchase is made. Likewise, Dive Rite Mexico is not responsible for the delivery in time for reasons of force majeure or the climatic conditions, roads, etc. or for services provided by third parties, so the User frees Dive Rite Mexico of any responsibility.
13. Legislation. The User when accessing Dive Rite Mexico expressly and irrevocably accepts the fact that this agreement of the User as well as the relationship of the User with Dive Rite Mexico will be governed by and interpreted in accordance with, the laws of the United Mexican States. In case of controversy, the User and Dive Rite Mexico are subject expressly to the jurisdiction of the Courts of Mexico City, Distrito Federal, renouncing the Users as Dive Rite Mexico, any other jurisdiction that may correspond to them by reason of their domicile present or future.
14. Resignation. The failure of Dive Rite Mexico to exercise or enforce any rights or provisions of the User Agreement or the specific conventions shall not constitute a waiver of such right or disposition unless it is recognized and accepted in writing by Dive Rite Mexico.
15.Validity and Interpretation. In the event that any of the provisions contained in the User Agreement or any of the specific conventions are found to be invalid by a Court or Court of Competent Jurisdiction or impossible to enforce, both parties agree to request the Court or Court to endeavor to give effect to the intention (s) of the parties thus reflected in those provisions. However, the other provisions of this User Agreement shall remain valid and full force of law.
16. Complaints. Any claim or action resulting from or relating to the User Agreement or use of the Services shall be filed within two months following the date on which the claim is derived or the corresponding legal action has been verified, or forfeit that right forever. The User declares his/her acceptance to the foregoing, regardless of what is established or stipulated in any legislation that indicates otherwise.
17. Title. The headers and subheadings contained in this User Agreement exist for convenience only and have no legal or contractual effect.
Dive Rite Mexico and Dive Rite Mexico logo are registered trademarks.
Copyright © Dive Rite Mexico.