TERMS AND CONDITIONS
BY LOGGING ON TO THE BIOALTERNATIVAS WEBSITE (WWW.BIOALTERNATIVAS.NET), PROPERTY OF BIOALTERNATIVAS EMPRESARIALES, A.C., HEREINAFTER REFERRED TO AS BIOALTERNATIVAS, YOU (THE USER) ARE ACCEPTING THE TERMS AND CONDITIONS ESTABLISHED HEREIN AND EXPRESSLY STATE YOUR AGREEMENT.
IF USER DOES NOT FULLY AGREE WITH THE TERMS AND CONDITIONS CONTAINED HEREIN, USER MUST REFRAIN FROM USING AND VISITING WWW.BIOALTERNATIVAS.NET.
IN CASE USER CONTINUES TO USE WWW.BIOALTERNATIVAS.NET, THIS ACTION SHALL BE CONSIDERED AS ITS FULL AGREEMENT WITH THE TERMS AND CONDITIONS ESTABLISHED HEREIN.
AGREEMENT BETWEEN BIOALTERNATIVAS AND THE USER REGARDING THE USE OF THE INTERNET WEB SITE, BOTH PARTIES BEING SUBJECT TO THE PROVISIONS OF THIS CONTRACT.
License
a. BIOALTERNATIVAS grants the User a non-exclusive, non-revocable and non-transferable right to using www.bioalternativas.net pursuant to the terms and conditions established herein. For the purposes of this agreement the Parties will understand the User to be any natural or moral person visiting www.bioalternativas.net and/or any of the subsidiary pages displaying its content.
b. The USER may only print, copy and/or save the information contained or published in www.bioalternativas.net for its personal non-commercial use only. In the case of moral (legal) persons, the provisions of Article 148, Section IV of the Federal Law of Copyrights shall apply.
c. Printing, publication, distribution, assignment, sub-license, sale and reproduction by electronic or any other means of any information, document or image contained in www.bioalternativas.net, in whole or in part for any use other than personal non-commercial use, is expressly prohibited to the User unless BIOALTERNATIVAS has previously granted its written authorization. Rules for the Use of www.bioalternativas.net
The USER and BIOALTERNATIVAS agree that the use of www.bioalternativas.net shall be subject to the following rules:
Information contained in www.bioalternativas.net. All information included or published in www.bioalternativas.net has been generated by BIOALTERNATIVAS and/or has been obtained from different information sources (“Vendors and/or Sponsors and/or Users”) and presented in summarized form to encourage Users to develop ideas, programs and projects to promote the preservation of the natural environment and create benefits, both environmental and social, in the presented categories. Users may interact through blogs, wikis, messages, video, etc., in order to promote said activities. BIOALTERNATIVAS shall provide users with a diversity of information, tips, recommendations, comparisons, etc., among other things. Information contained or published in or through www.bioalternativas.net shall not be considered as full or exhaustive on the addressed subject and as such, it shall be used by the User.
USER acknowledges and agrees that the information published or contained in www.bioalternativas.net is generated by BIOALTERNATIVAS or by the Vendors and/or Sponsors and/or Users, and identified in such a way that it is recognized that it is from BIOALTERNATIVAS or from Vendors and/or Sponsors and/or Users. Information, concepts and opinions published in www.bioalternativas.net do not necessarily reflect the views and opinions of BIOALTERNATIVAS or its employees, directors, shareholders, licensees, vendors-dealers (hereinafter referred to as “Affiliated”). Therefore, BIOALTERNATIVAS shall not be responsible for any of the information, opinions and concepts contained in www.bioalternativas.net.
RESPONSIBILITY
BIOALTERNATIVAS makes available to the Users a virtual space enabling them to interact via the Internet with other interested users to develop profitable projects aimed at improving the state of the environment and promote the social well-being. In addition, BIOALTERNATIVAS seeks to promote that the projects developed through the use of www.bioalternativas.net give rise to businesses and companies committed to preserving the environment and promoting the well-being of society. BIOALTERNATIVAS is not the owner of the items offered or displayed, and does not own them or offer them for sale. BIOALTERNATIVAS does not intervene in the operations executed among Users and does not enforce compliance of the terms and conditions established by them for said operations; therefore, BIOALTERNATIVAS shall not be responsible for the existence, quality, quantity, status, integrity or legitimacy of the goods or services offered, purchased or sold by Users, nor for the contracting capacity of Users or the veracity of the Personal Information entered by them. Each User is aware of and accepts to be the sole responsible for the items and services offered for sale, and for the goods and services purchased through the website.
Since BIOALTERNATIVAS does not have any participation during all the time that the services are published for sale nor in the subsequent negotiation and compliance with the final agreement among the parties, BIOALTERNATIVAS shall not be held responsible for the effective compliance with the obligations undertaken by Users in the performance of the operation. The User is aware and accepts to bear the full responsibility for the operations executed with other Users or third parties. Under no circumstance shall BIOALTERNATIVAS be responsible for lost profits or any other damage and/or harm which the User may have suffered as a result of the operations realized or not realized as a result of articles published by BIOALTERNATIVAS.
BIOALTERNATIVAS recommends acting diligently and with common sense whenever entering into agreements or executing operations with other Users. User must consider, in addition, the risks of establishing an agreement with minors or with individuals using a false identity. BIOALTERNATIVAS shall not be responsible for offers and/or operations with other Users based on the reliability on the system or Services provided by BIOALTERNATIVAS.
In case that one or more Users or a third party files any kind of claim or legal action against other User or Users, each and all of the Users involved in said claims or actions shall hold BIOALTERNATIVAS, its directors, managers, employees, agents, workers, representatives and attorneys-in-fact, harmless against any responsibility.
Since a user selling a product or service has the capacity to delete questions or prevent another user from asking questions or making offers in its publications, it is made clear hereby that under said circumstance, the seller user shall be the sole responsible for this decision and for the consequences this may entail.
Likewise, BIOALTERNATIVAS shall not be responsible for the consequences that may result from the use of tips, procedures, acquisition of products or services resulting from the visit to www.bioalternativas.net and that are not directly provided by BIOALTERNATIVAS, on the understanding that the USER shall have exclusive responsibility for the purchase, agreement, etc., with Vendors and/or Sponsors announced through BIOALTERNATIVAS, since said third parties' announcements are merely informative and are aimed at generating options and suggestions to improve the natural environment and society.
BIOALTERNATIVAS reserves the right of blocking the access or partially or totally removing all information, communication or material that as per its sole discretion may result: (i) abusive, slanderous or obscene, (ii) fraudulent or deceitful (iii) an infringement on copyrights, trademarks or any intellectual property right of a third party, (iv) offensive, (v) in the publicity or promotion of pre-existing products and services, multi-level commerce or offer of services similar to those offered in the web page, or (v) in the infringement of any clause in this Agreement. If the USER intends to obtain more information on a specific topic provided by BIOALTERNATIVAS or by Vendors, the USER must directly consult it with each of them, as applicable, and/or with an expert in the subject.
USER agrees to use the web site and the services pursuant to the law, ethics and good practices generally accepted and the public order.
USER is bound to refrain from using the web site and the services for unlawful purposes which infringe the rights and interests of third parties or that may damage, void, overload or destroy the website or its services, or in any way prevent its normal use by registered members.
Privacy Policy on the Use of Information and Database
Different information may be obtained at www.bioalternativas.net:
All Additional or Personal Information obtained from the USER through www.bioalternativas.net, shall constitute a database (hereinafter referred to as “Database”) property of BIOALTERNATIVAS, and said information is stored to protect it and prevent its loss, undue use or modification. Notwithstanding the above, BIOALTERNATIVAS does not guarantee in any way whatsoever the security of this information nor the possibility of the information being intercepted by third parties. BIOALTERNATIVAS will make every effort to prevent that said information from being disclosed or commercialized at a level of detail such that the privacy of Users could be compromised.
USER acknowledges and accepts that BIOALTERNATIVAS does not automatically obtain Personal Information, but requires the USER to provide said Personal Information on a direct and voluntary basis through www.bioalternativas.net or by other means. The provision of said Personal Information shall be at the sole discretion of the USER and without any responsibility for BIOALTERNATIVAS. In any case, USER grants BIOALTERNATIVAS the broadest legal capacity applicable to use the Personal and Additional Information from the User: (i) in order to resolve controversies or disputes related to www.bioalternativas.net and infringements to this Agreement; (ii) to facilitate the correct operation of BIOALTERNATIVAS; and (iii) in cases where the Law so requires.
The USER grants BIOALTERNATIVAS, Vendors, Sponsors and Counselors (as defined herein below) as well as other third parties contracted by BIOALTERNATIVAS with the broadest legal applicable capacity to use the Personal and Aggregate Information of the User (including but not limited to information on the number of times that it has seen and/or accessed the links of other web sites or electronic pages through the announcements or other information published in www.bioalternativas.net).
Since www.bioalternativas.net compiles certain types of information about the Users of this site and of the services offered through it, it is critical for www.bioalternativas.net that the USER fully understands our policy regarding the use of the information we gather. You will find herein below our privacy policy which explains what information we compile, how we use it and how it may be corrected or changed.
BIOALTERNATIVAS DOES NOT GUARANTEE THE PRIVACY OR SECURITY OF THE USE OF THE WEB SITE AND ITS SERVICES, SPECIFICALLY IT DOES NOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES MAY NOT BE AWARE OF THE CLASS, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE THAT USERS MAKE OF THE WEB SITE AND ITS SERVICES. BIOALTERNATIVAS SHALL NOT BE HELD RESPONSIBLE FOR DAMAGE AND HARM OF ANY KIND WHICH MAY RESULT FROM THE KNOWLEDGE THAT UNAUTHORIZED THIRD PARTIES MAY HAVE ABOUT THE CLASS, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE THAT USERS MAKE OF THE WEB SITE AND ITS SERVICES.
1. ¿With whom is this information shared?
BIOALTERNATIVAS may share aggregate statistical information on the use of www.bioalternativas.net with the Users of the Web Site to better adapt the contents to the Users' needs regarding the information they seek about the subjects published in the site. BIOALTERNATIVAS will not sell the databases or the personal information contained therein to third parties for commercial or advertising purposes without the express written authorization from Users. LINKS; Users and in general any individual intending to introduce a link in an internet page leading to www.bioalternativas.net may do so provided BIOALTERNATIVAS grants it with its written authorization and the link is not intended to copy the content of BIOALTERNATIVAS and/or to damage the image of www.bioalternativas.net.
In case that BIOALTERNATIVAS establishes a link in www.bioalternativas.net or authorizes a user to establish a link in www.bioalternativas.net, the said link shall exclusively be for the benefit of the user community and BIOALTERNATIVAS shall not be responsible for its content or good performance or for its visualization and upgrading. These links are not controlled by BIOALTERNATIVAS. Links in BIOALTERNATIVAS shall be permanently reviewed to provide an added value to the Users but in case they are changed or modified, BIOALTERNATIVAS shall not be held responsible. Likewise, the fact that a third party establishes a link in www.bioalternativas.net does not imply that said individual has an association unless there it is a mutual agreement (affiliation, if any).
The Web Page where a link is introduced shall not be immoral or unlawful nor shall it contravene the public order.
www.bioalternativas.net may contain LINKS to Web Sites operated by third parties not related to BIOALTERNATIVAS. These LINKS are provided exclusively for your convenience. BIOALTERNATIVAS does not control these Web Sites and is not responsible for their contents.
2. Changes to the policy of WWW.BIOALTERNATIVAS.NET regarding privacy.
If we decide to change our privacy policy for www.bioalternativas.net, we shall announce said changes therein, in such a way that you may always know what information is collected by us, how we may use said information and if we may disclose it to someone.
3. Forms
Users accept that upon submitting the personal information required by any of the services rendered by this Web Page, they authorize BIOALTERNATIVAS as per the provisions of Article 109 of the Federal Law of Copyrights. In all cases, Users shall be responsible for the truthfulness of the information provided to BIOALTERNATIVAS.
NOTICE FOR USERS ON BIOALTERNATIVAS'S PURPOSE
BIOALTERNATIVAS is an initiative aimed at promoting the creation of technological and commercial solutions for protecting the environment and advancing social causes which may be used and implemented by entrepreneurial people with the support of other individuals and organizations.
The idea of said page consists in being a space where the users may offer their services and/or hire the services of others specializing in the environment and social fields. BIOALTERNATIVAS is not responsible in any way for the services and projects not contracted which are not accomplished by the users.
In addition, BIOALTERNATIVAS has been designed to promote the interaction among Users to explore possible solutions to the environment and social problems we collectively face. Products or services announced in the Web Page are not the responsibility of BIOALTERNATIVAS. They are fully established by Vendors and/or Sponsors and/or Users contacted through www.bioalternativas.net. Therefore, BIOALTERNATIVAS shall not be responsible for the services offered by vendors or announcers except the services directly offered by BIOALTERNATIVAS and which shall be clearly identified. However, to cover the administrative expenses of this initiative BIOALTERNATIVAS will collect a modest fee on every transaction that may be conducted through the Web Page. Any contact means shall be considered as acceptance of the collection of the fee per transaction.
Copyrights and Industrial Property
BIOALTERNATIVAS, THE DESIGNS AND WWW.BIOALTERNATIVAS.NET, are trademarks, domain names, slogans and trade names, property of BIOALTERNATIVAS EMPRESARIALES, A.C. protected by international treaties and applicable laws in the field of intellectual property and copyrights.
Copyrights on the contents, organization, collection, compilation, information, magnetic or electronic transfers, digital conversion, logos, photographs, images, programs, applications or in general any information contained or published in www.bioalternativas.net, are duly protected by BIOALTERNATIVAS, its Affiliates, Vendors and/or corresponding titleholders, according to the applicable intellectual and industrial property legislation. Likewise, the trademarks, slogans, trade names, designs by means of which the products being announced or promoted are commercialized and announced in BIOALTERNATIVAS, are the property and responsibility of BIOALTERNATIVAS, and their corresponding titleholders and they are only presented in www.bioalternativas.net, in order to distribute and sell some products or services. BIOALTERNATIVAS and the corresponding titleholders are universal titleholders of the Intellectual Property rights.
The USER acknowledges and accepts that BIOALTERNATIVAS is an organization independent of third party sponsors and advertisers whose information, images, announces and other advertising or promotional material (the “Advertising Material”) may be published in www.bioalternativas.net.
It is expressly forbidden for the User to modify, change or delete either totally or partially the slogans, trademarks, trade names, signs, announces, logos or in general any indication referring to the property of the information contained in www.bioalternativas.net.
In case USER transmits to BIOALTERNATIVAS any information, programs, applications, software or in general any material that requires licensing by www.bioalternativas.net, the USER thereby grants BIOALTERNATIVAS a permanent, free, non-exclusive, worldwide license, royalty-free, including among the granted rights, the rights to sub-license, sell, reproduce, distribute, transmit, create derivative works, publicly show and execute them.
The above shall also be applicable to any other information that the USER sends or transmits to BIOALTERNATIVAS (including but not limited to ideas to renew or improve the site www.bioalternativas.net), whether they have been included in any area of www.bioalternativas.net by other means of transfer or transmission already in existence or to be developed in the future.
Based on the above, the USER expressly waives hereby its right to file any action, demand or claim against BIOALTERNATIVAS, its Affiliates or Vendors for any current or eventual infringement to any copyrights or intellectual property resulting from the information, programs, applications, software, ideas and other material that the broker itself sends to www.bioalternativas.net.
Negotiation of Guarantees
USER AGREES THAT THE USE OF WWW.BIOALTERNATIVAS.NET IS MADE UNDER ITS OWN RISK, THAT THE PRODUCTS AND SERVICES ANNOUNCED BY MEANS OF WWW.BIOALTERNATIVAS.NET, are the responsibility of the providers thereof. BIOALTERNATIVAS is exempted from any default by announcers and/or sponsors OR THAT THE SERVICES OF WWW.BIOALTERNATIVAS.NET ARE UNINTERRUPTED, ON-TIME, SAFE OR FREE FROM ERROS.
Information contained and/or published through www.bioalternativas.net serves only an informative research purpose in order to find practical solutions to have a better environment and society, since the creation of new ideas about ecological technology is promoted through the page, which is presented as an enumeration but not as a limitation by BIOALTERNATIVAS, ACCORDING TO THE SPECIFIC NEEDS OF THE USER. NEGOTIATION OF THE SERVICES AND EXCHANGE OF POINTS OF VIEW ABOUT SPECIFIC SUBJECTS EXECUTED THROUGH WWW.BIOALTERNATIVAS.NET IS THE SOLE RESPONSIBILITY OF THE USER.
BIOALTERNATIVAS does not assume any responsibility whatsoever for the way in which the USER uses the information contained or published in or through www.bioalternativas.net.
ACCURACY OR TRUTHFULNESS OF INFORMATION AVAILABLE IN OR THROUGH WWW.BIOALTERNATIVAS.NET FOR ANY PURPOSE
BIOALTERNATIVAS DOES NOT GUARANTEE OR ENDORSE IN ANY WAY THE TRUTHFULNESS, ACCURACY, LEGALITY, MORALITY OR ANY OTHER CHARACTERISTIC OF THE CONTENTS PUBLISHED IN WWW.BIOALTERNATIVAS.NET
BIOALTERNATIVAS IS EXEMPTED FROM ANY RESPONSIBILITY AND CONDITIONS BOTH EXPRESSED AND IMPLIED IN CONNECTION WITH THE SERVICES AND INFORMATION CONTAINED OR AVAILABLE IN OR THROUGH WWW.BIOALTERNATIVAS.NET, INCLUDING WITHOUT ANY LIMITATION:
NOTWITHSTANDING THE ABOVE, BIOALTERNATIVAS OR ITS VENDORS AND/OR SPONSORS MAY CONTINUOUSLY UPGRADE THE CONTENTS OF WWW.BIOALTERNATIVAS.NET, THEREFORE, THE USER IS HEREBY REQUESTED TO TAKE INTO ACCOUNT THAT, SOME INFORMATION PUBLISHED OR CONTAINED IN OR THROUGH WWW.BIOALTERNATIVAS.NET MAY HAVE BECOME IDLE AND/OR CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
Limitations of Responsibility
UP TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, BIOALTERNATIVAS SHALL NOT BE HELD RESPONSIBLE IN ANY CASE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE RESULTING FROM OR RELATED TO, IN ANYWAY:
Modifications to www.bioalternativas.net
BIOALTERNATIVAS may make corrections, additions, improvements or modifications to the contents, presentation, information, services, areas, databases and other elements of www.bioalternativas.net at any time and when it deems it convenient without the need of notification to broker, and that shall not be the grounds of any right to file a claim or indemnification or that the same implies the acceptance of any responsibility whatsoever in favor of the User.
BIOALTERNATIVAS, may change the recovery fees or quotas at any time and without prior notice to the User.
Modifications to the Agreement
BIOALTERNATIVAS reserves the right to modify the terms and conditions hereof at any time and said modifications shall be immediately effective:
USER agrees to review this Agreement from time to time in order to be aware of said modifications. Notwithstanding the above, every time the USER accesses www.bioalternativas.net, shall be considered as the absolute acceptance by the USER of the modifications to this Agreement.
Additional Terms
BIOALTERNATIVAS may from time to time add terms and conditions to this Agreement related to specific areas or new services provided in or through www.bioalternativas.net ("Additional Terms") which shall be published in the specific areas or new services of www.bioalternativas.net for reading and acceptance thereof. The USER acknowledges and accepts that said Additional Terms are an integral part hereof for all the applicable legal purposes.
Assignment of Rights
BIOALTERNATIVAS may, at any time and when it deems it convenient, totally or partially assign its rights and obligations derived herefrom. In view of said assignment, BIOALTERNATIVAS shall be released from any obligation in favor of USER established herein.
Indemnification
USER agrees to indemnify BIOALTERNATIVAS, its Affiliates, Vendors, Sellers and Counselors, for any action, demand or claim (including attorney's fees and judicial costs) resulting from any default by USER to this Agreement, including without any limitation those resulting from:
Termination
BIOALTERNATIVAS reserves the right, at its sole discretion, and without need of notice or notification to Broker to:
Survival
These terms and conditions and the Additional Terms constitute the entire agreement between the parties and supersede any other previous agreement. Any clause or provision hereof and Additional Terms legally declared as void shall be eliminated or modified by BIOALTERNATIVAS at its discretion in order to correct its error or defect. However, the remaining clauses or provisions shall be fully enforceable, mandatory and valid.
Applicable Legislation and Jurisdiction
This Agreement shall be subject and it shall be construed according to the laws and before the Courts for Mexico City, Federal District, Mexico and pursuant to the international treaties of which Mexico is a member.
No Waiver of Rights
Delay by BIOALTERNATIVAS, its Affiliates or Vendors to enforce any right or action resulting herefrom shall not be construed at any time as a waiver to the rights or actions.
Notices
BIOALTERNATIVAS may receive communications related to the use of www.bioalternativas.net at the e-mail address info@bioalternativas.net In order to report any infringement to the contents of this Web Page or for any clarification related to this Agreement, please contact: legal@bioalternativas.net
COPYRIGHT, BIOALTERNATIVAS 2008 ITS TOTAL OR PARTIAL REPRODUCTION BY ANY MEANS OR FORM WITHOUT THE WRITTEN EXPRESS AUTHORIZATION BY ITS TITLEHOLDER IS PROHIBITED.