Andrea ► TERMS AND CONDITIONS

TERMS AND CONDITIONS

Proem

BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEB PORTAL WHOSE DOMAIN NAME IS www.andrea.com and/or us.andrea.com, HENCEFORTH  WWW.ANDREA.COM , YOU (THE USER) ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS ( THE AGREEMENT ) CONTAINED IN THIS AGREEMENT AND EXPRESSLY AGREES THAT IN THE EVENT THAT THE USER ACCESSES OR USES ANDREA.COM, THE USER EXPRESSLY ACCEPTS THE TERMS AND CONDITIONS SET FORTH HEREIN.
USE OF THE WEBSITE PRESUPPOSES THE FULL ACCEPTANCE AT ALL TIMES BY THE USER OF ALL THE TERMS AND CONDITIONS OF USE CURRENTLY IN FORCE, FOR WHICH REASON IF THE USER DOES NOT AGREE WITH ANY OF THE CONDITIONS ESTABLISHED HEREIN, HE/SHE SHOULD NOT USE www.andrea.com. IN THE EVENT THE USER CONTINUES TO USE www.andrea.com, SUCH ACTION SHALL BE CONSIDERED FULL AND ABSOLUTE ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH HEREIN.
THE MERE USE OF THIS WEBSITE GIVES THE GENERAL PUBLIC THE STATUS OF "USER" (HEREAFTER REFERRED TO AS “USER” OR "USERS") AND IMPLIES THE FULL AND UNCONDITIONAL ACCEPTANCE OF ALL AND EACH OF THE GENERAL AND PARTICULAR TERMS PUBLISHED BY ANDREA USA OESTE LLC., AT THE MOMENT THE USER ACCESS THE WEBSITE. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THE SITE AT ANY TIME. YOU AGREE TO MONITOR THE SITE FOR ANY CHANGES AND THAT THE CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES SIGNALS YOUR UNDERSTANDING OF AND AGREEMENT TO SUCH CHANGES.

LICENSE

a. ANDREA USA OESTE LLC. hereby grants to the Users a non-exclusive, non-transferable, non-assignable right to browse and use ANDREA.COM under the terms and conditions set forth herein.
For the purposes of this agreement, the parties agree that  User  means any person of any nature to enter the website ANDREA.COM and/or its subpages that display content and/or any person of any nature that registers and / or uses any of the services offered through this website.
b. Users may only print and / or copy any information contained or published at ANDREA.COM solely for their personal, noncommercial use. The User agrees that all photographs, artwork and catalogs thereof, are duly protected under copyright.
c. The partial or total reproduction, modification, distribution, transmission, re-publication, exhibition, or execution of this website, without express written consent from ANDREA USA OESTE LLC. is strictly prohibited.

Conditions of Use of  ANDREA.COM

The User and ANDREA USA OESTE LLC, agree that the use of  ANDREA.COM  is subject to the following rules:

1. Information contained in the website ANDREA.COM: The user acknowledges and accepts that the information published or contained in ANDREA.COM is owned by ANDREA USA OESTE LLC, or its suppliers, users and/or professionals and it will be clearly identified so that it is known that it comes and has been generated by ANDREA USA OESTE LLC., its suppliers, users and/or professionals.

2. The information, advice, concepts and opinions published in ANDREA.COM do not necessarily reflect the opinion of ANDREA USA OESTE LLC., or its employees, officers, directors, shareholders, licensors and licensees (hereinafter the “Affiliates"). Therefore, ANDREA USA OESTE LLC., is not liable for any information, advice, opinions and concepts issued on ANDREA.COM. In addition, ANDREA.COM is not responsible for the information contained on the website, including subpages, on the understanding that the User enters the site at his/her own risk and responsibility.

3. ANDREA USA OESTE LLC, reserves the right to block access to or remove in whole or in part, any information, communication or material that in its sole judgment may be: (i) abusive, defamatory or obscene, (ii) fraudulent, artificial or misleading, (iii) violate copyrights, trademarks, confidentiality, trade secrets or intellectual property rights of a third party, (iv) offensive or (v) in any way intervenes with the provisions of this Agreement. If the User wants more information on a specific topic provided by ANDREA USA OESTE LLC., or its vendors, Users should consult directly with each of them, as appropriate and/or with a specialist in the field.

4. The User acknowledges that ANDREA USA OESTE LLC., does not investigate, verifies, controls or censors the content available on the Website such as tips, advice, recommendations and opinions generated by professionals and/or Users. Therefore, ANDREA USA OESTE LLC., assumes no responsibility for the content on the Website provided by independent vendors outside of ANDREA USA OESTE LLC.

In no event will ANDREA USA OESTE LLC. be liable for any damages including without limitation direct or indirect, incidental, special, consequential or punitive damages arising in connection with the User’s trust in information obtained through ANDREA.COM.
ANDREA USA OESTE LLC. reserves the right to delete or modify any content of the website that, in the sole opinion of ANDREA USA OESTE LLC., does not meet ANDREA USA OESTE LLC.’s standards, or content that may be contrary to the existing laws. However, ANDREA USA OESTE LLC. shall not be liable for any failure or delay in the removal of such material.

Privacy Policy on the Use of Information and Database.

ANDREA USA OESTE LLC.´s Privacy Policy is available at www.andrea.com in the Privacy Notice tab.
Users can learn more about how ANDREA USA OESTE LLC. uses their personal information in said Privacy Notice.

ANDREA USA OESTE LLC. will publish on www.andrea.com any changes made to its Privacy Notice so that the User can always be informed about the data that ANDREA USA OESTE LLC. collects and how such information may be used and handled.

ANDREA USA OESTE LLC.’s Returns and Exchanges Policy may be viewed at: ((((((refunds)))))).

Formats

Users acknowledge that by providing ANDREA USA OESTE LLC. their personal information in order to access the services provided on this website, they are responsible for the accuracy of such information.

Copyright and Industrial Property

ANDREA USA OESTE LLC.’s logos and all the material featured at ANDREA.COM are private brands, domain names and / or trademarks, protected by international treaties and intellectual property and copyright laws.
Copyright on the content, organization, gathering, compilation, information, logos, photographs, images, programs, applications, or generally any information contained or published on ANDREA.COM are duly protected by ANDREA USA OESTE LLC. its affiliates, suppliers and / or their respective owners, in accordance with applicable laws on intellectual property.

The User is expressly forbidden to modify, alter or delete, either in whole or in part, notices, trademarks, trade names, signs, advertisements, logos or in general any indication that refers to the property of information contained on ANDREA.COM.

Should the User transmit any information, programs, applications, software or in general any material required to be licensed to ANDREA USA OESTE LLC. through ANDREA.COM, the User gives ANDREA USA OESTE LLC., a non-exclusive, worldwide, royalty-free, perpetual, universal, free license including granting the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display and execute them publicly.

The provisions of the preceding paragraph shall also apply to any other information that the User sends or transmits to ANDREA USA OESTE LLC. (Including, without limitation, ideas to renovate or improve the www.andrea.com portal), whether they have been included in any part of www.andrea.com, under other means or methods of transmission known or developed in the future.

The User hereby waives any action, suit or claim against ANDREA USA OESTE LLC., its Affiliates or Suppliers for any current or potential violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the User sends to ANDREA.COM.

It is the policy of ANDREA USA OESTE LLC. to act against violations in Intellectual Property that could arise as stipulated by the applicable law and other intellectual property laws that may apply, including removing or disabling access to material that is subject to activities that infringe intellectual property rights of third parties.

In the event that any User or third party considers that any of the contents that are on or are introduced into ANDREA.COM, and/or any of its services, violate their intellectual property rights, the User should send a notification to ANDREA.COM, to the address listed below, indicating: (i) the personal information of the owner of such information (name, address, phone number and email address of the claimant); (ii) the signature of the holder of the intellectual property rights; (iii) accurate and complete indication of the protected contents by the intellectual property rights allegedly infringed and its location on ANDREA.COM; (iv) an explicit and clear statement that the contents indicated have been used without the consent of the holder of the allegedly infringed intellectual property rights; (v) an express, clear statement under the responsibility of the claimant declaring that the information provided in the notification is accurate and that the use of the contents constitutes a violation of their intellectual property rights.

Edgar López Garcia is ANDREA USA OESTE LLC.’s appointed lawyer, in charge to resolve any intellectual property violation complaints. To report any infringement on the contents of ANDREA.COM, please send the information listed in the preceding paragraph to:

Name: Lic. Edgar Lopez Garcia
Email: elopez@grupoandrea.com

Advertising material

You acknowledge and agree that ANDREA USA OESTE LLC., is an organization independent of third party sponsors and advertisers whose information, images, ads and other advertising or promotional material (the "Advertising Material") may be published on www.andrea.com.

The User acknowledges and accepts that the advertising material is not part of the main content published on ANDREA.COM. The User recognizes and accepts herein, that the applicable intellectual and industrial properties laws protect the advertising material.

No Warranties

YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF ANDREA.COM IS AT YOUR OWN RISK AND THAT THE SERVICES AND PRODUCTS PROVIDED AND OFFERED ON ANDREA.COM ARE PROVIDED BY ANDREA USA OESTE LLC ON AN "AS IS" AND "AS AVAILABLE." ANDREA USA OESTE LLC. DOES NOT WARRANT THAT ANDREA.COM, SATISFIES ONE HUNDRED PERCENT OF THE USER'S REQUIREMENTS. ANDREA USA OESTE LLC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. ALSO, ANDREA.COM MAKES NO REPRESENTATIONS OF ANY KIND, AND WE DENY ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, STATEMENTS, WARRANTIES OR CONDITIONS WITH RESPECT TO THE ACCURACY, TIMELINESS, TOTALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, COMMERCIALITY, QUALITY ASSURANCE OR SUITABILITY FOR A PARTICULAR PURPOSE OR THOSE THAT RESULT FROM THE APPLICABLE LAW, STATUTES, COMMERCIAL USE, OR MANAGEMENT.

ANDREA USA OESTE LLC., DOES NOT WARRANT OR ENDORSE IN ANY WAY THE ADEQUACY, ACCURACY, LEGALITY, MORALITY OR ANY OTHER FEATURE OF THE CONTENT OF MATERIAL POSTED TO ANDREA.COM. ANDREA USA OESTE LLC. DISCLAIMS ANY LIABILITY AND CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND INFORMATION CONTAINED OR AVAILABLE ON OR THROUGH ANDREA.COM, INCLUDING, WITHOUT LIMITATION:

  • AVAILABILITY TO USE ANDREA.COM, BY REASON OF TECHNICAL PROBLEMS DUE TO COMMUNICATION SYSTEMS AND DATA TRANSMISSION.
  • LACK OF VIRUSES, BUGS, OR ANY OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES IN THE INFORMATION OR PROGRAMS AVAILABLE ON OR THROUGH ANDREA.COM. OR, IN GENERAL ANY FAILURE AT ANDREA.COM.
  • NOTWITHSTANDING THE FOREGOING, ANDREA USA OESTE LLC. OR ITS SUPPLIERS MAY CONSTANTLY UPDATE THE CONTENT OF ANDREA.COM, SO THE USER IS ASKED TO CONSIDER THAT ANY INFORMATION CONTAINED IN OR ADVERTISED THROUGH ANDREA.COM. MAY BECOME OBSOLETE AND / OR INCLUDE INACCURACIES OR TYPOGRAPHICAL OR SPELLING ERRORS.

    Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANDREA USA OESTE LLC. SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM:

      • THE USE OR PERFORMANCE OF ANDREA.COM INCLUDING THE DELAY OR LACK OF AVAILABILITY OF USE OF ANDREA.COM.
      • THE ABILITY OR INABILITY TO PROVIDE ANY SERVICES OR INFORMATION OR GRAPHICS CONTAINED IN OR PUBLISHED THROUGH ANDREA.COM.
      • UPDATE OR FAILURE TO UPDATE THE INFORMATION.
      • THIRD PARTY INFORMATION THAT HAS BEEN ALTERED OR MODIFIED, IN WHOLE OR IN PART, THEN HAS BEEN INCLUDED ON ANDREA.COM.
      • ANY OTHER MATTER OR FEATURE CONTAINED OR PUBLISHED ON ANDREA.COM OR THROUGH THE LINKS INCLUDED THEREIN.

       

    THE ABILITY OR INABILITY TO PROVIDE ANY SERVICES. ALL PREVIOUS ASSUMPTIONS WILL BE VALID EVEN IN CASES IN WHICH ANDREA USA OESTE LLC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    International access

    This site can be accessed from countries other than the United States. This site may contain references to products or products that are not available outside the United States. Any such references do not imply that these products will be available outside the United States. If the User accesses and uses this site outside the United States he/she is responsible for compliance with local laws and regulations.

    Minors

    To use the Portal and Services, children under 18 years old ("Minor") must obtain prior permission from their parents, guardians or legal representatives, who will be responsible for all acts performed by children in their care. The responsibility in determining the contents and services which minors access corresponds to the persons responsible for them. If your underage children browse or use ANDREA.COM, that implies that they have your authorization and ANDREA USA OESTE LLC. is not liable.

    Changes to ANDREA.COM

    ANDREA USA OESTE LLC., reserves the right to make changes, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of ANDREA .COM, for any reason or for no reason and with or without notice, and such action shall not give the right to any claim or compensation, and it does not imply acknowledgement of responsibility in favor of the User.

    Amendments to the Agreement

    ANDREA USA OESTE LLC, reserves the right to modify this Agreement at any time and such modifications are to be effective immediately by:

      • The publication of the modified Agreement on ANDREA.COM or
      • Notifying the user about amendments to the Agreement. The User agrees to review this Agreement periodically in order to keep abreast of such changes. Nevertheless, each time the User accesses ANDREA.COM such action shall be considered as an absolute acceptance of the amendments to this Agreement.

    Eliminate responsibility

    Occasionally, ANDREA WEST USA LLC., may add to the Terms and Conditions of this Agreement regarding specific areas or new services provided on or through ANDREA.COM. The subsequent "Additional Terms" will be published in the specific areas or new services of ANDREA.COM for your perusal and acceptance. You acknowledge and agree that these Additional Terms form an integral part of this Agreement for all legal purposes that may be required.

    ANDREA.COM has no obligation and does not control the use that Users make of ANDREA.COM, its services and content.

    In particular, www.andrea.com does not guarantee that the Users utilize the Website, Services and Content in accordance with these Terms and Conditions and, where applicable, the Special Conditions, or do so in a diligent and prudent manner. ANDREA.COM has no obligation to check and does not verify the identity of Users or the accuracy, validity, completeness and / or authenticity of the data that Users provide about themselves to other Users.

    www.andrea.com IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE BY USERS OF THE SERVICES AND CONTENT OR THAT MAY ARISE FROM THE LACK OF ACCURACY, TIMELINESS, COMPLETENESS AND / OR AUTHENTICITY OF INFORMATION USERS PROVIDE TO ANDREA WEST USA LLC. AND / OR OTHER USERS ABOUT THEMSELVES AND IN PARTICULAR BUT NOT EXCLUSIVELY, FOR DAMAGES OF ANY KIND ARISING FROM THE IMPERSONATION OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE WEBSITE.

    Cession of rights

    ANDREA USA OESTE LLC., in sole discretion, may at any time and when it deems appropriate, assign all or part of their rights and obligations under this Agreement. Under this assignment, ANDREA USA OESTE LLC., will be released from any obligation to the User provided for in this Agreement.

    Indemnity

    Users of the Site agree to indemnify, defend and hold harmless ANDREA USA OESTE LLC. and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any breach by the User to this Agreement, including without limitation any of those derived from:


      • Any aspect of the use of the website ANDREA.COM;
      • The information contained in or available on or through ANDREA.COM;
      • Libel, defamation or any other violation of this agreement by the User in the use of ANDREA.COM;
      • A violation of applicable laws or international treaties on copyright or intellectual property or content available on or through ANDREA.COM.

    Termination

    ANDREA USA OESTE LLC. reserves the right, in its sole discretion, without notice or notification to the user to:


      • Permanently terminate this Agreement;
      • • Discontinue or definitely stop publication of ANDREA.COM without any liability for ANDREA USA OESTE LLC., its affiliates or suppliers.

    Subsistence

    This Agreement and the Additional Terms constitute the entire agreement between the parties and supersedes any other agreement or agreement concluded before. Any clause or provision of this Agreement and the Additional Terms, legally declared invalid, will be removed or modified at the discretion of ANDREA WEST USA LLC., in order to correct their faults or defects. However, the rest of the clauses or provisions shall remain in force, obligation and validity.

    No Waiver of Rights

    Failure of ANDREA USA OESTE LLC., its affiliates or suppliers to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
    Governing Law and Jurisdiction

    In the event of a dispute arising out of this contract or related to it, the parties agree to try to reach an amicable settlement through mediation. The User consents and waives all defenses of lack of personal jurisdiction and venue over the venue and jurisdiction in the state or federal courts in California, subject to all disputes be settled by arbitration in accordance with the Commercial Arbitration Rules in force at that time at the American Arbitration Association. The award rendered by the arbitrator shall be final and binding and may be entered as a judgment in any state or federal court in California.