TERMS OF SERVICE
ALDO FEMAT. Effective immediately – Last updated on September 18, 2024. For more information, please contact Customer Service at hi@aldofemat.com or call 800 004 6636, Monday through Friday from 9:00 AM to 8:00 PM.
PLEASE READ CAREFULLY
This Terms of Service Agreement (the Agreement) is a legal contract between you and Aldo Femat (hereinafter, ALDO FEMAT, we, our), RFC AUFA911228GYA, with commercial registration at ITESO #125, Colonia Villas Universidad, C.P. 48290, Puerto Vallarta, Jalisco, Mexico, providing, among other things, the terms and conditions for your access and use of this website www.aldofemat.com (the Site). Read the Agreement carefully and print a copy for your records.
We may from time to time modify these terms of use and post a copy of the amended Agreement at www.aldofemat.com. If you do not agree or cannot comply with this Agreement as amended, you must not use this Site. You are deemed to have accepted this Agreement in its amended form if you continue to use this Site after amendments are posted on this Site.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE WITH THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THIS SITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
1. AUTHORIZED USERS
Age Requirement; Authority. To use this Site, you must be at least the age of majority (eighteen years) in the jurisdiction in which you reside. You represent that you have read and understood, and that you agree to be bound by this Agreement, and are at least of such age of majority. If you do not agree or cannot comply with any of the terms and conditions of this Agreement, do not attempt to access or use this Site.
2. LICENSE TO USE THIS SITE
2.1 Grant of License. We grant you a limited, non-exclusive, non-transferable, personal, and non-commercial license to access and use this Site. We reserve all rights, titles, and interests not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS SITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
2.2 Restrictions. You agree that you will not use this Site to reproduce copyrighted material; copy, store, edit, change, or prepare any derivative work or alter in any way the content provided on this Site; or use this Site in any manner that violates the terms of this Agreement.
3. SITE INFORMATION AND PRODUCTS
3.1 Information. We attempt to ensure that the information posted on this Site is correct and up-to-date. We reserve the right to change or make corrections to any information provided on this Site at any time and without prior notice. We cannot, and do not warrant, the accuracy, precision, thoroughness, or completeness of the information available on this Site, nor will we be liable for any inaccuracies or omissions with respect to the information provided on this Site.
3.2 Products. ALDO FEMAT products are sold exclusively through the e-commerce section of the aldofemat.com website. The e-commerce section of the aldofemat.com site for Mexico is for the entire Mexican Republic. Prices listed for Mexico on this Site are only Mexico prices (in MXN national currency). We do not ship outside of Mexico. Any purchase from other boutiques or websites is at the buyer's own risk, particularly with respect to the authenticity of such items.
4. PROHIBITED ACTS
By using this Site, you represent, warrant, and undertake not to: impersonate any person or entity or misrepresent your affiliation with any other person or entity; engage in spam, flooding, or harvesting of email addresses or other personal information, screen scraping, database scraping, or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes through this Site; attempt to gain unauthorized access to other computer systems through this Site; transmit viruses or any other type of disabling mechanism; use this Site for any illegal purpose, in violation of any applicable law or regulation; engage in any internet activity that violates the privacy rights of others; or attempt to bypass the security measures of this Site or obtain or circumvent others' passwords. You agree that you will not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any third party's use and enjoyment of this Site.
5. COPYRIGHT
Between you and us, you acknowledge that we own or have a license to all titles and copyrights in and to the content provided on this Site. All titles and intellectual property rights in licensed content provided on this Site are owned by the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties, and may be subject to use restrictions under such laws or treaties.
6. TRADEMARKS AND THIRD-PARTY MARKS
ALDO FEMAT ® and T-B-X GALACTIC ® are registered trademarks of Aldo Aguilar Fematt with the Mexican Institute of Industrial Property (IMPI), as well as all other related trademarks and other trademarks, service marks, graphics, and logos of ALDO FEMAT (collectively, the ALDO FEMAT Trademarks) used in connection with the sale and distribution of ALDO FEMAT products. This Site may contain trademarks, service marks, graphics, and logos of third parties. You are not granted any right or license with respect to the ALDO FEMAT Trademarks or the trademarks of third parties.
7. PRIVACY POLICY
The use of ALDO FEMAT personal information on this Site is governed by ALDO FEMAT’s Privacy Policy. Click here to view the Privacy Policy separately. Please review this privacy policy and print a copy for your records: privacy-policy.
8. TESTIMONIALS
If you send or post a testimonial, comment, review, suggestion, or any work of authorship (collectively a Submission) to us, including, but not limited to, Submissions about our products or services, such Submission will not be confidential or secret and we may use it in any manner. By sending us a Submission, you: represent and warrant that the Submission is original to you, that no other party has any rights to it, and that any Moral Rights in such Submission have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable license to use, reproduce, publish, distribute, display, translate, summarize, modify, and adapt such Submission (in whole or in part) and/or to incorporate it into other works in any form, media, or technology now known or later developed, at our sole discretion, with or without your name.
9. TERM
This Agreement will remain in effect until we terminate it.
10. DISCLAIMERS
10.1 THIS SITE (INCLUDING ALL ITS CONTENT) IS PROVIDED TO YOU AS IS. ANY USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, COMMERCIAL QUALITY, QUALITY, OR FITNESS FOR A DIFFERENT PARTICULAR PURPOSE. WE DO NOT ASSUME RESPONSIBILITY OR WARRANT AND DO NOT PROVIDE ANY WARRANTY OR CONDITIONS THAT THIS SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATED TO OWNERSHIP.
10.2 WE DO NOT PROVIDE WARRANTIES OR REPRESENTATIONS, AND WE DO NOT PROVIDE CONDITIONS THAT THE USE OR OUTCOME OF THE USE OF THIS SITE (INCLUDING ALL ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED, OR ERROR-FREE. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS SITE OR YOUR USE OF IT. IF WE CHOOSE TO MODIFY, SUSPEND, OR DISCONTINUE THIS SITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10.3 YOU ACKNOWLEDGE THAT THE SUBMISSION OF ANY INFORMATION IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY RESPONSIBILITY TO YOU WITH RESPECT TO THE LOSS OR LIABILITY RELATED TO SUCH INFORMATION.
10.4 SOME OF THE CONTENT AVAILABLE THROUGH THIS SITE MAY INCLUDE MATERIALS BELONGING TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT.
11. LIMITATION OF LIABILITY
11.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW AND JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, FILE CORRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR OTHERS WILL CREATE A WARRANTY, AND NEITHER YOU NOR THIRD PARTIES MAY RELY ON SUCH INFORMATION OR ADVICE. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT. THIS TERM MAY BE VOID OR UNENFORCEABLE IN WHOLE OR IN PART OUTSIDE OF MEXICO.
11.2 OUR TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO (MXN $1.00).
12. INDEMNIFICATION
YOU WILL INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND ATTORNEYS HARMLESS WITH RESPECT TO ANY CLAIM OR DEMAND ARISING FROM: YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR YOUR MISUSE OF THE SITE.
13. GENERAL
13.1 You will be responsible for providing telephone access, DSL cable modem, or other form of internet access, and any other hardware or software necessary to access and use this Site.
13.2 This Site will only be available through smartphones.
13.3 This Site may feature links to third-party websites that are not owned or operated by us. We are not responsible for the availability of these third-party sites or their content. You agree that we are not responsible, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content from such third-party sites. These links are provided solely for your convenience. No endorsement of third-party products, services, or information is expressed or implied by any information, material, or content of any third party included, referenced, or linked from or to this Site. Your use of such third-party websites is subject to the terms and conditions of use and privacy policies of those websites.
13.4 This Site is our property and is protected by applicable copyright laws and international treaty provisions. You will not assign or transfer the license granted to you under this Agreement. Any attempt to assign or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
13.5 If you know or suspect a copyright infringement, go to the LET ME HELP YOU section in the top right corner of the aldofemat.com website, complete the contact form, and submit it.
13.6 This Agreement will be governed by the laws of the Government of Mexico. Exclusive jurisdiction for any claim, action, or dispute with us or related in any way to your use of this Site will be in the courts of the state of Jalisco, and the venue for the adjudication or disposition of such claim, action, or dispute will be held in the City of Puerto Vallarta, Jalisco. All parties to this Agreement waive their respective rights to a jury trial.
13.7 We may send you notices regarding your use of this Site by sending a message or letter to the email address listed in your account information or by posting a note on this Site when you access your account. You agree that we may notify you through such means. Unless otherwise stated in the notices, the notices will take effect immediately.
13.8 No failure by us or by you to exercise any right, power, or remedy hereunder or its delay in doing so will constitute a waiver of such rights, powers, or remedies, and all waivers by us will be made in writing. The sole or partial exercise of a right, power, or remedy will not preclude its subsequent exercise or the exercise of any other right, power, or remedy.
13.9 The section titles are for convenience only and will not be used to interpret this Agreement.
13.10 Any provision of this Agreement that by its nature is intended to survive the termination of this Agreement will survive such termination.
13.11 General contact information. If you have questions about our products or this Site, go to the PERSONALIZED SUPPORT section in the bottom right corner of the “aldofemat.com” website and call us or send us an email.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PRIOR PROPOSAL OR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT.