AUGENET: GRUPO AUGE'S BUSINESS PLATFORM.
TERMS AND CONDITIONS OF THE AUGE NETWORK (AUGENET) PLATFORM AND APPLICATION.
Please read these terms carefully before using any Auge Network service or product, as these terms affect your legal rights.
IMPORTANT NOTICES:
- PRIVACY: As described in Section 5 below, please review the Privacy Statement for information on how Auge Network may collect, use and/or share any personal information.
- CLASS ACTION WAIVER: By agreeing to these terms and conditions, you agree that all disputes between us will be resolved solely on an individual basis and you waive the right to file or participate in a class action lawsuit. Please see Section 16 below for more information.
1. Introduction
a. This page describes the terms and conditions (the "Terms") governing your use of augenetwork.com and (i) the content and related services and products available on or through augenetwork.com (including mobile applications and newsletters) and (ii) any updates, new versions or new releases of those services and products. We will individually and collectively refer to these services and products as the "Service".
b. The Service is provided by Auge Network and its affiliates of the Augebrands S. de R.L. de C.V. group and all entities controlled directly or indirectly by Auge Network ("Affiliate(s) of the Augebrands S. de R.L. de C.V. group"), which we refer to individually and collectively as "Auge Network," "we," "us" or "our".
c. These Terms are for the benefit of each Affiliate of the Auge Network group and each such Affiliate of the Auge Network group may enforce these Terms.
d. Certain features or components of the Service may be subject to additional terms and conditions, including user guides or other rules, which will be posted on the applicable Service. Those additional terms and conditions are part of these Terms.
e. Please read this page carefully. You agree that by accessing, using and/or downloading the Service, you agree to be legally bound by and consent to these Terms. If any of these Terms are unacceptable to you, you must stop using the Service. For those users who do not complete the registration process, your access to the Service may be limited.
f. If you access the Service under a group subscription agreement (e.g., corporations, organizations, institutions, etc.), then your access and use are also governed by that particular agreement between Auge Network and your group. You agree to be bound by and consent to all of these Terms; however, if there is any inconsistency or dispute between these Terms and the group subscription agreement, then the terms of the relevant group subscription agreement will prevail to the extent of the inconsistency or dispute.
g. If you access (or download) the Service through any third party platform or service, the applicable terms and conditions of such third party platform or service may apply in addition to these Terms and you agree that you are subject to such terms of the application or platforms in addition to these Terms.
Age Requirement
By using the Service, you agree that you are at least 18 years of age.
3. Changes to the Terms
From time to time, we may revise these Terms without notice. If we make such revisions, we will post an updated version on this site (and update the "Last Updated on _____" reference above). By continuing to use the Service after the updated version has been posted, you agree to such changes to these Terms. If you do not agree to these changes, please discontinue using the Service.
4. Changes in Digital Products
From time to time, we may make changes to the Service without notice, which may include modifying, discontinuing or disabling the Service, or modifying the registration options available to users. For example, we may automatically update or upgrade the version of the Service that you may be using on your mobile device. You accept any such changes and agree that these Terms will apply to all such changes.
5. Privacy
Review Auge Network's Privacy Statement (available at: https://www.auge.network/politica-de-privacidad/) for a description of our privacy practices. By registering for an account, making a purchase or otherwise using our Services (including viewing our content), you acknowledge and agree that we can and will collect, use, transfer, disclose and otherwise process your personal information as described in our Privacy Statement, opens in a new tab. Without limiting the foregoing and for clarity, you agree that we may transfer your personal information (a) outside your home country to another country where the laws may not provide an equivalent level of protection and (b) to third parties in accordance with our Privacy Statement, opens in a new tab.
6. Registration
a. As part of the registration process, you will be required to create a user account (including creating a user name and password). If you do not complete the registration process, you will not be able to access the portions of the Service available to registered users.
b. You agree and promise that the information provided by you to us, including during the registration process, is complete and accurate to the best of your knowledge. You will promptly inform us of any changes to your information.
c. You are not allowed to share your login details or give your login details to another person. Your registration is for your individual use only. You are responsible for the use or misuse of any login details you create as part of the registration process and for maintaining their confidentiality. You must promptly notify us of any actual or suspected breach of confidentiality or unauthorized use of your login or account details by notifying us at the link below: contacto@auge.network
d. If you fail to comply with this Section 6, we may immediately suspend or terminate your access and/or registration to the Service.
7. Intellectual Property; Copyright
a. All materials on the Service - the text, photographs, video, audio, graphics, metadata, quotations, data, information, the general "look and feel", and all protectable intellectual property (collectively, the "Content") - are the property of Auge Network or, in some cases, its licensors.
b. The Service and the Content are protected by copyrights, trademarks, design rights, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights under Mexican, U.S. and international laws. You agree that all intellectual property rights in the Service and the Content (in whole or in part) are and shall remain the property of Auge Network and the affiliates of Augebrands S. de R.L. de C.V. group and/or our licensors. No intellectual property rights in the Content or the Service are transferred to you.
c. Except for the limited license described herein, no rights in the Content or the Service are conferred upon you, by implication, estoppel or otherwise, under copyright or other intellectual property laws, either now or in the future.
d. For more information, including about purchasing reprints of certain Content through our third-party vendors, see Auge Network's Copyright page.
8. Restrictions on Use
a. THE SERVICE AND CONTENT ARE PROVIDED BY AUGE NETWORK AND ITS LICENSORS TO YOU FOR YOUR PERSONAL USE AND INFORMATION ONLY. YOU MAY NOT USE THE SERVICE OR CONTENT FOR ANY COMMERCIAL PURPOSE.
b. You promise that you are accessing, using and/or registering for the Service in your personal and individual capacity (except, if applicable, where your access falls under a group subscription agreement pursuant to Section 1(f)). You agree not to use, transfer, distribute and/or dispose of the Service or Content in any manner that would compete with the business of Auge Network or any of its partners. You may not use the Content or the Service, including, without limitation, any Content available through an RSS feed, in any commercial product or service, without our prior written consent.
c. Without our prior written consent, you may not: remove, alter, repost, repost, scrape, scrape, frame, frame, inline link, copy, sell, distribute, retransmit, create derivative works or otherwise make available (to third parties and/or on another website, application, blog, product or service) the Content, except occasionally as permitted by certain sharing features on the Service that explicitly allow you to share Content or links to Content with a few others. Use any robot, spider, script, service, service, software or manual or automatic device, tool or process designed to extract data or scrape Content, data or information from the Service, or otherwise access or collect Content, data or information from the Service using automated means. Use the Service or Content for any purpose related to the development and training of machine learning ("ML") and artificial intelligence ("AI") activities and technologies, including, but not limited to using the Service or Content to build, train, improve or adjust any AI or ML technology. You may not, at any time, directly or indirectly, use the Service or Content for any purpose related to the development and training of machine learning ("ML") and artificial intelligence ("AI") activities and technologies, including, but not limited to using the Service or Content to build, create, train, retrain, enhance or adjust any AI or ML technology (whether yours or a third party's). Decompile, decrypt, disassemble, modify, or otherwise attempt (using services, software, or any manual or automatic device, tool or process) to alter or interfere with the Service, any feature or component of the Service, any restriction, condition or technological measure controlling access to the Service in any way, or any Content on the Service; or make any unauthorized use thereof. Cache or archive Content (except for the use of public search engine spiders to create search indexes). Access any part of the Service or Content that you do not have permission or authorization to access or to which we have suspended or terminated your access. Do anything that imposes an unreasonable or disproportionately large load on our network or infrastructure. Do anything that may disable, damage or otherwise alter or change the operation, transmission or appearance of the Service or Content, including content created by third parties such as advertisers, sponsors or other users.
d. You promise to comply with opt-out protocols (such as Robots.txt, Automatic Content Access Protocol (ACAP), etc.) that may be used in connection with the Service.
e. Engaging in prohibited use of the Service or Content, or assisting in such use, may result in civil liability, criminal prosecution, penalties, or some combination thereof, under applicable federal, state or local laws and regulations, or applicable foreign laws, rules, regulations and treaties. Notwithstanding the other provisions of these Terms, we also reserve the right to suspend or terminate your access and/or use if you breach any of the provisions of this Section.
9. User Generated Material
a. The Service may have certain features that allow you or other users to comment, discuss, upload, post, submit, link or otherwise provide content (e.g., information, graphics, videos, images). We refer to such material collectively as "User Material". User Material is subject to these Terms, as well as any additional guidelines or rules posted on the portions of the Service where you may provide User Material.
b. You agree that you will not provide any User Materials that:
- I violated someone's copyright, trademark or other proprietary rights;
- contains any form of advertising or promotion of goods or services, or any form of spam or other form of unsolicited communication;
- is abusive, unlawful, defamatory, indecent, obscene, pornographic, offensive, discriminatory (e.g., on the basis of race, national origin, religion, sex, gender, sexual orientation, age, region or disability), or otherwise threatening;
- encourage someone to break the law;
- interfere with another user's privacy;
- contains malware, viruses, spyware or other software, files or code designed to interrupt, destroy, limit or otherwise damage the Service;
- misrepresents your identity, affiliation or status, or otherwise contains false or misleading statements with intent to defraud;
- collect or store personal data of other users;
- I used automated means to upload, send or publish content;
- give rise to any liability or violate any applicable local, state, federal, national or international law or regulation.
c. By posting User Material, you agree that you are legally permitted to upload, submit or publish such User Material. You also agree that you are legally and financially responsible for any claims against us by any third party relating to your User Material or your posting of User Material.
d. You agree that by uploading, submitting or posting User Material, we have an unlimited right in time to publish, reuse, archive, edit, display, modify, remove or commercially exploit such User Material in whole or in part as we see fit, whether on the Service or otherwise, without payment or credit to you. In other words, by posting User Material, you grant us a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use your User Material in any manner and for any purpose. You also irrevocably waive any "moral rights" or other rights of attribution or authorship you may have in the User Material. We have no obligation to store User Material for any period of time, and we may remove or delete any User Material for any reason at any time without notice.
10. Third Party Sites and Services
a. The Service may include content created by third parties, including advertisers, sponsors or other users. We may also link to, reference or promote third-party websites, applications and/or services.
b. We do not guarantee the accuracy or endorse the opinions or views of such third parties. We are not responsible for, and do not control, such non-Auge Network websites, applications, products or services. Any dealings you have with any third party, including advertisers or sponsors, are solely between you and that third party.
11. Other Auge Network Services
Other Auge Network related entities may discuss, offer or promote additional services on the Service. Such services may be outside the scope of these Terms and may require a separate agreement with the applicable Auge Network entity.
12. Limitations of Our Service and Content
a. The Service and the Content are provided for informational purposes only. You understand that the Content in the Service does not constitute any form of tax, legal or investment advice, or an opinion as to the suitability, value or profitability of any particular security, portfolio or investment strategy. Mention of a particular security on the Service does not constitute a recommendation that you buy, sell, refrain from buying or hold that or any other security, financial product or investment.
b. We and our licensors are not responsible for any errors, inaccuracies or delays in the Service or any Content, or for any actions taken by you in reliance on the Service or Content. You agree that your use of the Service or Content is at your own risk.
c. We make no promises or warranties about the Service or the Content, which is provided to you "as is" and "as available". We make no promises about the Service or the Content, or about the quality, completeness or accuracy of the Content available on or linked from the Service. In other words, we disclaim all liability for any loss, claim of injury, liability or damage of any kind resulting from or related to your access, use or the unavailability of the Service (or any part thereof).
13. Our Financial Responsibility to You
To the maximum extent permitted by applicable law, we will not be liable, jointly or severally, for any direct, indirect, consequential, special, incidental, punitive or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues, whether based on negligence, tort, contract or any other theory of liability, even if we have been advised of the possibility of such damages or if we could have foreseen such damages. The limitations of liability in these Terms shall inure to the benefit of our officers, directors, employees, agents or any company to whom we may transfer our rights and obligations under these Terms.
14. Export Controls
By using the Services contained herein, you: (a) agree to comply with the export regulations and sanctions of Mexico, Canada, the European Union, the United Kingdom and the United States, including the U.S. Export Administration Regulations and the U.S. Office of Foreign Assets Control Regulations (collectively, "Trade Regulations"); and (b) represent and warrant that you are not a specially designated, denied or unverified party as described in such Trade Regulations.
15. Choice of Law and Jurisdiction
a. These Terms (to the maximum extent permitted by applicable law) shall be governed by and construed in accordance with the laws of the State of Jalisco in Mexico, without giving effect to any principles of conflicts of law. To the maximum extent permitted by applicable law, you agree that any dispute arising under or in connection with these Terms or the Service shall be submitted for resolution to the federal and state courts in the State of Jalisco, and you waive any objection of jurisdiction, venue or inconvenient forum to such courts.
b. Any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms shall be compensable with monetary damages and in no event shall you be entitled to injunctive or other equitable relief. In addition, you expressly waive any right to resort to any form of class action.
16. Class Action Waiver and Other Limitations
a. YOU AND AUGE NETWORK AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE LITIGATED INDIVIDUALLY AND NOT ON A CLASS ACTION BASIS OR THROUGH PARTICIPATION IN A CLASS OR REPRESENTATIVE ACTION. THE CLAIMS OR DISPUTES OF MORE THAN ONE USER MAY NOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER WITHOUT THE CONSENT OF ALL PARTIES. Accordingly, you agree that you will not sue Auge Network as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class action against Auge Network. However, nothing in this paragraph limits your right to sue as an individual plaintiff.
b. To the maximum extent permitted by law: (i) any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred, and (ii) any claim by you that may arise in connection with these Terms shall be compensable in monetary damages and in no event shall you be entitled to injunctive or other equitable relief.
17. General
a. These Terms contain the entire agreement between us regarding your use of the Service and supersedes all prior agreements (if any).
b. If any provision of the Terms is determined by a court or other valid authority to be void, invalid, unenforceable or illegal, such provision(s) shall be ineffective only to the extent of such invalidity or unenforceability and the validity and enforceability of the remaining provisions shall remain unaffected and unaffected.
c. If we fail to enforce any provision of the Terms, that shall not constitute or be construed as a waiver of such provision or our right to enforce such provision.
d. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms, the Service or any Content.
Address and Contact Details Auge Network:
Address: Av. Real Acueducto 240, Piso 7 (Torre Celtis) Zapopan, Jalisco, C.P. 45116 in México
WhatsApp: +52 (33) 4207 4490
Mail: privacidad@auge.network
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