The following agreement contains the terms and conditions of Use (the "Terms of Use") apply to Atrim CO LTD, (ATRIM) web site located at www.atrimglobal.com and all associated sites linked to www.atrimglobal.com and mobile apps such as: Facebook https://www.facebook.com/Atrim-SA-445866078949582, Instagram: https://www.instagram.com/atrim_global and Pinterest https://www.pinterest.es/AtrimGlobal, (the “App”) owned by ATRIM, its subsidiaries and affiliates, (collectively, the "Site"),and the Service provided through it to any person ("User" or "Users" and/or "Visitor" or "Visitors").
LEGAL NOTES AND CONDITIONS
By using or accessing the Site, the User expressly agrees to acknowledge and accept these Terms of Use. By the mere act of accessing and/or using the Site, you expressly, immediately, and unconditionally adhere and notify to each and every one of the following Terms of Use, as well as to all regulations, communications, and other texts posted on the Site. Consequently, you must carefully read the Terms of Use before accessing and/or using any service of the Website. The terms of Use and their modifications are effective upon publication on this site. In case of not agreeing with any of the terms and conditions referred to herein and/or with any change or modification, the user must refrain from using this Site and/or immediately cease using it and/or the services. ANY PERSON WHO DOES NOT ACCEPT THESE TERMS OF USE, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE.
1. CONTENT AND ALLOWED USES
1.1. CONTENT
1.1.1. All information included on the Site is exclusively for guidance purposes and in no way constitute guaranteed information o specificallyprepared information. Pictures do not imply any contractual commitment. Information about products is subject to change without prior notice. There may be differences between the information given on the Site and the characteristics of the goods commercialized. For more information about any of the products, you may contact any ATRIM´s Official Distributor. Information given on the Site do not constitute any commitmentby ATRIM, nor could be considered as a sale offer, and has no contractual or pre contractual status. The mere access to the Site does not determine that the User is considered a consumer or client.
1.1.2 The information contained on the Site has been designed to be as sufficient, detailed, comprehensive, up-to-date, and reasonable as possible. ATRIM, however, shall not be liable for any errors or omissions contained on this Site. This site and all the information or materials contained therein are provided "as is," without warranty of any kind, whether express or implied.
1.1.3 Considering that ATRIM does not market products directly to the public, any information provided on the site regarding the products should be considered by users as indicative information only. All information about products or services may be requested from any ATRIM Official Distributor. Distributors, as independent parties, will negotiate the final price for the products with each user, which will depend on negotiations and factors unrelated to ATRIM, who does not participate in such transactions. For these reasons, ATRIM assumes no responsibility for the commercial transactions that users enter into, with distributors, nor for the terms and conditions under which these transactions are concluded, nor for those resulting from the use of this Site, all of which will always be transactions between the User and the Distributor. In light of the foregoing, the information contained on this Site cannot be considered an offer or commitment by ATRIM, and does not have contractual or pre-contractual status.
1.2. ALLOWED USES:
The User undertakes to use this Site responsibly. In particular, and without excluding other acts, the User undertakes to: a) use the Site diligently, correctly, and lawfully; b) refrain from using any content of the Site in a manner or for purposes contrary to law, morality, good customs, and/or public order, for speculative or fraudulent activities; c) respect intellectual or industrial property rights over the content. It also undertakes to respect each and every one of the rights arising from the ownership of the Site and its contents, in accordance with the provisions of the relevant parts of these Terms and Conditions.
1.3. PROHIBITED USES OF DATA AND INFORMATION ON THE SITE.
The use of the Site is only allowed if the present Terms and Conditions and the applicable law are respected. The following are considered prohibited uses, and Visitors undertake not to use the Site to: 1. Send spam, unsolicited or unauthorized advertising, chain letters, or any other type of unlawful communication; 2. Make false statements or provide false information about the data provided to ATRIM. 3. Use the Site contrary to the Terms and Conditions, the law, and good customs, or in any way that may damage, discredit, overload, or harm ATRIM or third parties; This list of prohibited conduct is merely an illustrative enumeration of the infractions that Visitors may commit.
2. CONDITIONS OF USE OF THE SERVICES
2.1. LEGAL CAPACITY OF THE USER
2.1.1. In order of using the contents of the Site, the user shall have legal capacity to contract. People without legal capacity shall not be able to access to the contents of the Site. Parents, guardians, or those responsible for minors or incapacitated individuals who use the Site will be held accountable for such use, including any resulting damages. They agree to indemnify ATRIM for any administrative, judicial, or extrajudicial claims that may arise from the breach of this provision and any others.
2.1.2. User hereby declares y guaranteed possessing the minimum required age of eighteen (18) years old. In the event the users detect the existence of any kind of material on the Site which to his criteria, could result illegal or against the applicable law, shall contact ATRIM through the following email address: marketing@atrimglobal.com
2.1.3. User recognized and accept he is the only responsible for all the expenses that could imply the use of the services, including but without limiting to: communication costs, internet, roaming and taxes.
2.2.NONEXISTENCE OF COMMERCIAL RELATIONSHIP
2.2.1. Acceptance of these Terms and Use shall not be interpreted as a partnership, mandate, agency, service contract, or any other type of contract between the User and ATRIM.
2.2.2. Access to the Site does not imply an obligation on the part of ATRIM to verify the truthfulness, accuracy, completeness, or timeliness of the information provided. The contents of the Site are always of a general nature and do not in any way constitute the provision of advisory services of any kind. The information provided on the Site is insufficient for making any type of personal or business decision by the User. Furthermore, ATRIM does not guarantee that the information provided on other sites linked to this one is correct or accurate.
2.2.3. For these reasons, ATRIM is not responsible for decisions made based on the information provided on the Site, nor for any damages that may be caused to the User or third parties as a result of decisions based on the information provided on ATRIM's Site or on linked sites through links or hyperlinks. Additionally, the information or any opinion expressed on this Site does not in any way constitute an offer or solicitation to buy or sell any product or service, nor does it constitute advice, nor should it serve as a basis for investment decisions. It is recommended to contact a specialist in the subject to obtain the necessary and appropriate advice before proceeding with any decision.
3. INTELLECTUAL PROPERTY
3.1. All rights to this Site are reserved and belong to ATRIM.
3.2. Site Content. This Site and all its contents, including the page design, trademarks, trade names, texts, graphics, logos, images, icons, software, products, and services, as well as copyrights, etc., are protected by current industrial and intellectual property legislation. Therefore, they may not be exploited, distributed, reproduced, modified, transformed, transferred, or publicly communicated without prior written authorization from the rights holder.
3.3. All the material mentioned in the previous paragraph is directly or indirectly owned or held by ATRIM in its capacity as the owner or authorized licensee, or by any other company controlled by it or in which it has some participation or contractual relationship. Users are warned that unauthorized use of the aforementioned material may constitute a violation of the law. Access to the Site, whether free or paid, does not grant the User any license, right, or title to the industrial or intellectual property rights of the content.
3.4. ATRIM reserves the right to take legal action as appropriate, both in private and criminal law, against those who infringe or violate the rights protected by this point and any other of the Terms and Conditions.
4. WARRANTY DISCLAIMER
4.1. The Service is offered without any warranty, including but not limited to warranties of title, merchantability, and any other type of personal or commercial warranty.
4.2. The User understands and accepts that neither ATRIM nor its representatives, employees, partners, and/or licensees can give any guarantee regarding: a) the security of the content accessed by Users through the Site; b) that the Site meets the User's expectations; c) that the operation of the Site will be uninterrupted, timely, secure, or error-free; and d) that any defect in the operation or functionality of the Site or its related software will be corrected.
5. LIMITATION OF LIABILITY
5.1. The User understands and accepts that neither ATRIM, nor its subsidiaries and/or representatives and/or employees will be liable for direct, indirect, incidental, special, indirect, or punitive damages that the User may suffer, regardless of their cause, from using the Site.
5.2. ATRIM is not responsible for:
Service interruptions, inadequate performance by third parties, or operational errors.
Publication errors: ATRIM has made and will make reasonable efforts to include correct information on the Site. However, it does not guarantee that such information is entirely accurate. ATRIM will not be liable for any errors or omissions contained on the Site, and reserve the right to modify it.
Technical failures: ATRIM is not responsible for errors, omissions, interruptions, deletions, defects, operational or transmission delays, communication line failures, theft, destruction, unauthorized access, or alteration of User access to the Site. In this regard, ATRIM does not guarantee that the Site is free of viruses or any other computer feature or element that could destroy, damage, or alter the normal functioning of a computer, system, or device. It is the sole responsibility and obligation of the User to have the appropriate computer tools to detect, remove, disinfect, clean, and/or prevent any kind of elements and/or potential damage of this nature. ATRIM is not responsible for any damage that may occur to the User's or third parties' computer equipment as a result of browsing this Site.
Third-party attacks: Using the Site is at the Users' exclusive risk. Neither ATRIM nor any person or company involved in creating, producing, or developing the site will be responsible for any kind of damage that may result from such use. ATRIM will also not be responsible for any damage to your computer equipment or other devices, or for any virus that may infect them as a result of using the Site or transferring data in whole or in part to your device.
The Site may contain links to other Internet sites that are completely independent of this one. In this regard, ATRIM will not be responsible or guarantee the accuracy, completeness, or truthfulness of the information contained in any such Internet sites. Access to any such sites is at the User's sole responsibility.
6. INDEMNITY
6.1. The User will keep ATRIM, and where appropriate, its customers, associates, and suppliers harmless, defend and exempt from any damage, liability, and cost that may arise as a result of a third-party claim against ATRIM regarding the use of the Site contrary to what is stipulated in these Terms of Use.
6.2. The User will keep ATRIM harmless, defend and exempt from any damage, liability, and cost that may arise as a result of a third-party claim against ATRIM regarding the violation of intellectual property rights.
7. COMPLETE AGREEMENT
7.1. These Terms of Use acknowledge that there is a complete agreement between the User and ATRIM regarding the use of the Site, replacing all previous or contemporary communications and proposals, whether oral, written, or electronic, between the User and ATRIM.
7.2. If any provision of these Terms of Use is found to be invalid, the provision will be limited or eliminated to the minimum extent necessary so that the remaining stipulations of the Terms and Conditions remain enforceable.
7.3. If the User or ATRIM cannot exercise the rights and powers arising from these Terms of Use, this will not be considered a waiver to the continuation of the other rights and powers established in the same.
8. MODIFICATION OF THE TERMS AND CONDITIONS
8.1. ATRIM reserves the right to modify, replace, or substitute the access conditions to the same, at any time, whether permanently or temporarily. User consent will not be required for this. ATRIM does not incur any type of liability for substitution or modifications and therefore urges all Users to read the content of these Terms of Use carefully. The User must periodically review the Terms of Use and Privacy Policies to stay informed about possible changes in them.
8.2. ATRIM reserves the right to interrupt, suspends, or modify at any time the content offered on this Site, whether permanently or temporarily. User consent will not be required for this. Permanent access or the possibility of using the Site is not guaranteed, as it may be interrupted for maintenance or technical issues beyond ATRIM’s control. ATRIM is not responsible for any damages the User may experience due to failures or incorrect connections in telecommunications networks causing the interruption or cancellation of information and content provided on the Site, whether during navigation or beforehand. Additionally, the User accepts that ATRIM reserves the right to modify, discontinue, interrupt, cancel, and/or terminate the Site service in any manner, without justification or prior notice, at its sole discretion, and that this will not entitle the User to claim any compensation.
9. FORCE MAJEURE
9.1. Neither ATRIM nor the User will be liable for non-compliance that may occur as long as such non-compliance is due to issues beyond their reasonable control, including but not limited to: any natural disaster, strike, forced closure of any kind, interruption of the supply of electricity, telephone, telecommunications, internet, and any other natural, technological, political, economic, or other cause, beyond their control that cannot be overcome through the use of reasonable diligence without incurring excessive costs.
10. TERMINATION
10.1. ATRIM has the right to restrict User access to the site, in whole or in part, if: (i) the User breaches any provision of these Terms of Use; (ii) ATRIM is required to do so by law or by an order of a competent authority, or (iii) ATRIM decides to permanently suspend the Site. In such cases, the termination will not entitle the User to any compensation and/or reimbursement.
10.2. In the event of termination for any reason, clauses 3, 5, 6, 7, and 13 of these Terms of Use will remain fully in force.
11. ASSIGNMENT
ATRIM may assign, transfer, or delegate any of its rights and obligations without the need for User consent.
12. APPLICABLE LAW AND JURISDICTION
12.1. These Terms and Conditions will be governed and interpreted in accordance with the laws of the United States of America.
12.2. Any dispute arising from the Terms and Conditions, their existence, validity, interpretation, scope, or compliance, will be submitted to the courts or tribunals of Florida.
13. CONTACT
For any questions or comments about the Site and/or the Terms and Conditions, you can contact ATRIM via the following email address: marketing@atrimglobal.com
