AGREED TERMS OF USE

Last Update:  05/02/2019

IMPORTANT – PLEASE READ CAREFULLY

 

IF YOU DISAGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

This Terms of Use agreement (the “Agreed Terms”) is a binding legal agreement between you and Alava International (“the Company,” “we” or “us”) governing your use of our website and our other online or mobile services and/or applications (collectively, “the Site”).  By accessing the Site or downloading materials from the Site, you are a “User” who is legally bound by these Agreed Terms.

 

AGREEMENT TO THE TERMS

By Using the Site, you represent and warrant you have reached at least the age of eighteen and have the legal capacity and authority necessary to enter into and be bound by these Agreed Terms, and to comply with applicable laws and regulations in connection with your Use of the Site.  If you Use the Site on behalf of an entity, the term “you” includes you and that entity.  You warrant you are an authorized representative of such entity with authority to bind the entity to these Agreed Terms, and do so on the entity’s behalf.  You agree that such entity (which includes its employees, contractors, and consultants) is legally and financially responsible for your Use of the Site and your optional User Account, if any.

 

UPDATES TO THE AGREED TERMS OF USE

Please see the “Last Update” date entry at the top of this page.  At its sole discretion, Alava International may review, change, or otherwise update these Agreed Terms effective upon upload.  Please review this Statement regularly for updates.  If you use the Site after any update, you agree to be bound by the update.  If an update is unacceptable to you, please discontinue Use of the Site.  Changes to the Agreed Terms take effective when they are uploaded and published on the Site in this Statement.

 

ADDITIONAL AGREED TERMS

Alava International intends this Site to be strictly informative and a convenience to U.S. users.  The Company represents a wide range of capabilities.  Some described on this Site may entail additional terms (“Additional Agreed Terms”).  Ordinarily, in the event of inconsistencies between the Agreed Terms in this Statement and any applicable Additional Agreed Terms related to a capability, the latter will control.

 

PRIVACY AND COOKIES

A Privacy Statement and Cookie Statement are part of these Agreed Terms.  Please review them.

 

DISCLAIMERS

Interstate Commerce — Alava International participates in U.S. interstate commerce as an independent Texas-registered company.  Alava International is also affiliated with Grupo Alava, a company headquartered in Madrid, Spain, with subsidiaries in Portugal, Peru, and the United States of America.

Site Strictly Informative — The Site is intended by Alava International to be strictly informative and a convenience to U.S. users.

Site Not an Offer and Not a Vehicle for Contract Formation— Alava International does not recognize the Site as a vehicle for contract formation beyond user acceptance of the Agreed Terms.  Consistent with the meaning of Part 2, Section 2, of Uniform Commercial Code Article Two, Alava International does not intend the Site to communicate an enforceable “offer” of commercial services of any kind to any reader, wherever situated, under any circumstances.

Professional Licensing — Consistent with federal, state, local law and the Uniform Commercial Code, Alava International will comply fully with applicable professional licensing requirements for legal and natural persons in the jurisdictions where the Company formally offers or actually provides services.

Age Limit — No person under eighteen years of age should use the Site.  The Company does not intend to collect or use personal information from persons under eighteen years of age, and will not do so knowingly.  If Alava International becomes aware that it collected personal information from a person under eighteen years of age and is asked to delete such information from its databases, it will comply.

 

LIMITED LICENSE AND ALLOWABLE USE

For as long as you comply with these Agreed Terms, the Company grants you a limited non-exclusive right to access and use the Site for personal, non-contractual purposes.  You may download or print Site content made available for your downloading or printing for personal, informational, non-commercial use.  You must, however, (a) leave all copyright and other proprietary notices intact;  (b) use Site content pursuant to associated licenses;  (c) refrain from copying or posting such content on a networked computer or broadcasting it in any media;  (d) make no content modifications;  and (e) make no additional representations or warranties about content on behalf of Alava International.

 

RESTRICTIONS AND PROHIBITED USES OF THE SITE

The Company will revoke licenses to use its Site for repeated copyright infringement.  While using the Site, you must comply with applicable laws, orders, regulations and rules.  You may not use the Site to defraud any person or interfere with the Site or any other Site user.  You must respect the rights and dignity of others. You agree expressly to refrain from violating the Agreed Terms by:

– Posting, uploading, sharing, transmitting, distributing, facilitating distribution, or otherwise making available to the Site unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material, including unauthorized advertising;

– Reproducing, duplicating or copying any portion of a Site, unless authorized by these Agreed Terms;

– Exploiting the Site for commercial purposes without Alava International’s prior written consent;

– Impersonating a person or entity, falsely stating or misrepresenting your affiliation with a person or entity in connection with the Site, or implying that the Company endorses a statement you make;

– Removing a copyright, trademark or other notice from the Site or from material originating on the Site;

– Violating or attempting to violate the security of the Site;

– Disseminating on a Site a virus, worm, spyware, adware or other malicious code, file or program that is harmful, invasive and intended to damage or hijack operation of any hardware, software or equipment;

– Using data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site or collecting any information from the Site or another user; or

– Aiding or allowing a person to violate these Agreed Terms or applicable laws, orders, regulations and rules governing use of the Site.

 

CONSENT TO COMMUNICATION

When you use a Site or send communications to the Company through a Site, you communicate with the Company and thus consent to receive communications from the Company related to your use of the Site.  The Company may communicate with you by email or other means.  You agree that communications provided to you electronically satisfy a legal requirement (if any) for a written communication.   Company communications intended for you shall be deemed delivered when sent to an email address you provide.  By submitting information to Alava International, creating a Secure User account, or providing your email address, postal address or phone number, you agree that the Company or its authorized agents may contact you in a manner consistent with the Company’s Privacy Statement.

 

USER-ORIGIN CONTENT

You agree that you are responsible for information, text, images, videos, other materials or content you introduce into the Site (“User Content”).  You agree and warrant that User Content you post or transmit is truthful, accurate, not misleading and submitted in good faith.  You will not upload, post or otherwise make available at the Site third party User Content without the owner’s express written permission.  You shall be liable for damages resulting from infringement and other harm resulting from such User Content.

Do not send confidential or proprietary User Content to us on or through a Site.  Unrequested User Content is neither confidential nor proprietary.  By submitting User Content other than personally identifiable information, you grant us a royalty-free, perpetual, irrevocable and unrestricted license (a) to use, reproduce, display, modify, adapt, publish, translate, transmit, distribute or otherwise make available to others all or part of such User Content for any purpose and/or incorporate it in other works, media or technology; (b) to exercise copyright, trademark, publicity, privacy and other proprietary rights over such User Content; and (c) to use your name, likeness and/or other biographical information in all related media and/or communications.  You also agree that the Company is free to use any ideas, concepts, know-how or techniques that you send to the Company unilaterally.

ALAVA INTERNATIONAL RESERVES THE RIGHT TO PRE-SCREEN, REFUSE, MODIFY, OR REMOVE CONTENT FROM ITS SITE FOR ANY REASON, INCLUDING A DETERMINATION IN ITS SOLE DISCRETION THAT CONTENT VIOLATES A LAW OR A RIGHT OF ANY PERSON, INFRINGES UPON THE RIGHTS OF OTHERS, OR IS INAPPROPRIATE FOR THE SITE.

 

ACCOUNTS

Alava International may invite you to establish a user account for certain Site features (a “User Account”) by completing registration processes set out on the Site.  You are responsible for providing accurate account information and you are the sole authorized user of your User Account.  You are responsible for the protection of an account number or password provided by you or Alava International for the Site.  The Company may not control actual use of User Accounts and expressly disclaims liability for them.

 

INTERACTIVE FEATURES

The Site is intended by Alava International to be strictly informative and a convenience to U.S. Users.  It is not intended as a vehicle to make formal offers or for contract formation.  The Company may host message boards, blogs, or other interactive fora or activity on the Site.  Such features are intended to serve as discussion centers.  Any user failing to comply with these Agreed Terms may be expelled from and refused continued access to such features. You understand that Company staff, outside contributors, or other users connected with Alava International may participate in fora or other aspects of the Site and even employ pseudonyms for this purpose.  You acknowledge and agree that such fora are public spaces, and that your participation in them creates no expectation of privacy or contract obligation upon Alava International beyond the Agreed Terms.  Further, you acknowledge that User Content you communicate in such fora may be seen and used by others.  The Company is not responsible for User Content that you or others choose to communicate through such features, for your actions, or for the actions of other users.  IF YOU ELECT TO USE SUCH TOOLS OR MAKE PERSONALLY IDENTIFIABLE OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

 

SOCIAL MEDIA PAGES

Alava International may also establish a social media presence (collectively, “Social Media Pages”), to provide for informal interaction with Users.  Social media are not contracting tools, vehicles for changing these Agreed Terms, or authorized Company policy outlets.  Visitors to the Company’s Social Media Pages must comply with terms of use for those pages.  The Company reserves the right to review social media postings on its Site and remove those deemed inappropriate or offensive.

 

THIRD PARTY STATEMENTS

Third party statements on this Site belong to the author(s), not Alava International, and the Company is not liable to users who rely on them.  The Company neither endorses nor guarantees any statement on our Site not sourced to an Alava International representative acting properly within the scope of employment.

 

INTELLECTUAL PROPERTY OWNERSHIP

Alava International’s Site, including its text, graphics, images, logos, proprietary content, information, and other materials, are protected by law, including U.S. intellectual property, copyright, trademark and other laws, and international treaties.  You agree that Alava International and/or its licensors own all right, title, and interest in the Site (including all patent, copyright, trade secret, trademark and other intellectual property rights), and you agree to take no action inconsistent with such ownership interests.  Contact Us for trademark and logo guidelines.  If you believe that your work has been copied in a way that constitutes copyright infringement, please Contact Us immediately and provide details.

 

NO WARRANTIES

YOU ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR OWN RISK.  ALAVA INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE SITE WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT.  NEITHER DOES THE COMPANY GUARANTEE OR WARRANT THE ACCURACY OF THIS SITE.

 

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, ALAVA INTERNATIONAL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND INDEPENDENT CONTRACTORS (“THE ALAVA INTERNATIONAL PARTIES”) ARE NOT LIABLE FOR DAMAGE SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING FROM THE SITE OR THE INABILITY TO PERFORM THE FOREGOING.

THE ALAVA INTERNATIONAL PARTIES ARE NOT LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, EXTRAORDINARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFIT, USE, ECONOMIC ADVANTAGE), WHETHER FOR BREACH OR IN TORT, EVEN IF THE ALAVA INTERNATIONAL PARTIES WERE ADVISED PREVISOULY OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT YOU ARE RESPONSIBILE FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR HARDWARE USED WITH THE SITE AND WILL NOT BRING A CLAIM AGAINST THE ALAVA INTERNATIONAL PARTIES FOR LOST DATA, INACCURATE OUTPUT, DELAY OR LOST PROFITS OWING TO USE OF OR INABILITY TO USE THE SITE.

FOR CLAIMS RELATED TO THE SITE, YOU AGREE TO HOLD THE ALAVA INTERNATIONAL PARTIES HARMLESS.  YOU COVENANT NOT TO SUE THE ALAVA INTERNATIONAL PARTIES.  IF YOU HAVE A BASIS TO SEEK DAMAGES FROM AN ALAVA INTERNATIONAL PARTY IN CONNECTION WITH THE SITE OR THESE AGREED TERMS, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO SEEK DAMAGES LIMITED TO THE VALUE OF ANY FEE PAID FOR USE OF THE SITE FOR THE MONTH OF THE BREACH, OR NO MORE THAN US$50 IF A CLAIM RELATES TO USE OF THE SITE WITHOUT PAYMENT OF A FEE.

THESE LIMITATIONS ON THE ALAVA INTERNATIONAL PARTIES’ LIABILITY APPLY EVEN IF ALAVA INTERNATIONAL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES.  IN A JURISDICTION PRECLUDING EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY.

 

INDEMNITY

You agree to indemnify and hold harmless the Alava International Parties, subsidiaries, affiliates, partners, officers, employees, agents and contractors from claims, damages, losses, costs (including attorney fees) or other expenses incurred as a result of (a) your breach of these Agreed Terms;  (b) your activities regarding the Site;  or (c) unsolicited information you send the Company through a Site.

 

EFFECT OF INVALIDITY

If a court rules a portion of these Agreed Terms unenforceable, the unaffected portion remains in effect.

 

NO WAIVER

Company noncompliance with these Agreed Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of any governmental authorities or for any other reason beyond the reasonable control of Alava International is not waiver.  Company inaction over your breach or anyone else’s breach on any occasion is not waiver of the right to act with respect to such breaches.

 

USERS OR ACCESS FROM OUTSIDE THE UNITED STATES OF AMERICA

The Site is controlled and operated by Alava International’s offices (or its licensees or agents) in Texas, U.S.A.  The Site is not intended to subject the Company to the jurisdiction of any other territory, state, country, or union of countries.  THE COMPANY DOES NOT WARRANT THAT THIS SITE OR ANY PART OF IT IS APPROPRIATE FOR USE OUTSIDE THE U.S.A.  Use of the Site is voluntarily.  Users access it at their own risk and their own responsibility under applicable law.

 

CHANGE OR DISCONTINUANCE OF THE SITE

The Company reserves the right to change or discontinue the Site at any time without notice, whereupon Alava International will have no obligation to maintain or provide User Content or other data.

 

BINDING AGREEMENT

These Agreed Terms are a binding agreement between you and Alava International.  If you use the Site, you are deemed to have accepted the Agreed Terms as an entire agreement, and will adhere to it.

 

TERMINATION

These Agreed Terms are effective until terminated by the Company.  Alava International may suspend, limit or terminate all or a portion of your access to the Site at any time with without notice or cause.  Agreed Terms about intellectual property, Site use, disclaimers of warranty, limitations of liability, indemnity and like provisions that should survive termination shall survive.  If your Site use is terminated under these Agreed Terms you agree not to return to the Site under another name.  If you violate this restriction after termination, you agree you will indemnify and hold Alava International harmless from liability.  You understand that Alava International pursues legal remedies to the fullest extent of the law.

 

GOVERNING LAW AND VENUE

You agree that in a dispute over the Site, these Agreed Terms and the Privacy Statement are governed by Texas and U.S. law.  Notwithstanding your location, you also consent to adjudication of such disputes by the federal, state, county, or other court of jurisdiction in Texas chosen by the Company.

 

QUESTIONS

If you have questions about these Agreed Terms or technical questions about operation of this Site, please STOP before proceeding and Contact Us.