PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. YOUR USE OF THE WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE AND THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE TERMS OF OUR PRIVACY POLICY, DO NOT USE THE WEBSITE.
By accessing or using the POLA POLA POLA SAPI DE CV (“POLÁ POLÁ”) website located at WWW.POLÁ POLÁ.MX (the “Site”), you indicate that you have read and understand this Terms of Use Agreement (the “Terms of Use”), which incorporates by reference our Privacy Policy, located at https://polapola.mx/worldwide/terminos-y-condiciones, and agree to be bound by it in its entirety. You must agree to the Terms of Use in order to use the Site. If you do not understand or have questions about the Terms of Use, please stop using the Site immediately and contact hola@polapola.mx. If you do not agree to the Terms of Use, you may not use the Site. Your continued use of the Site constitutes your acceptance of the most current version of the Terms of Use. If at any time you do not agree to the Terms of Use, you must stop using the Site.
The Terms of Use apply only to the Site and do not apply to any web sites that are linked to the Site. To access the terms and conditions or privacy policies of linked websites, please refer to the policies of those websites. It is your obligation to review the Terms of Use before accessing the Site or making a purchase. Any changes to the Terms of Use will be effective immediately upon posting on the Site, unless otherwise noted. We reserve the right to change the contents of the Site at any time in our sole discretion, with or without notice. Your continued use of the Site following the posting of changes to the Terms of Use means that you accept and agree to the changes.
TERMINATION OF ACCESS
Use of this Site is a privilege. Users who violate these Terms of Use may be denied access to the Site, and we reserve the right to terminate your use of the Site for any reason at any time in our sole discretion. The Site and its content are not intended for use by children. Persons under the age of 18 may not use, or submit any information to, the Site, and may only access the Site under the supervision of a parent or legal guardian who is at least 18 years of age and who agrees to be bound by, and responsible for, any action taken on the Site.
DEFINITIONS
[For purposes of these Terms of Use, the following definitions apply.]
AFFILIATES = companies and divisions owned by POLÁ POLÁ or POLÁ POLÁ .
CONTENT = all text, graphics, design and programming used on the site.
GRAPHICS = all logos, buttons and other graphic elements on the Site. Includes color schemes + page layout of the Site, with the exception of trademarks + intellectual property belonging to third parties that are displayed with permission.
PROGRAMMING = includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server pages, VBScript, databases, etc.) used on the Site.
TEXT = includes all text on each page of the Site (editorial + navigation + instruction).
YOU OR YOUR = the person accessing the Site and agreeing to these Terms of Use.
USE OF THIS SITE
This Site has e-commerce functions and is intended to facilitate the sale of products by POLÁ POLÁ and to provide access to other information and promotions. Subject to the terms and conditions contained in these Terms of Use, we grant you a limited license to view, access and use a single copy of the Site solely for your personal, non-commercial use and only as an aid to shopping on the Site. The Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Site. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Site, unless you have our express written consent. Any breach of these Terms of Use will result in immediate revocation of the license without notice. POLÁ POLÁ reserves and retains all rights not expressly granted to you in these Terms of Use.
ACCOUNT REGISTRATION
Certain features of the Site may require registration, including purchasing products and posting reviews. You may only create and use an account for your personal use. If you register or otherwise provide information to us, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account and are fully responsible for all activities and actions that occur in connection with the account. If we issue you a user name and/or password, you agree to protect such information by, among other things, keeping your password and other information related to your account confidential. If, despite the foregoing obligation, you permit another party to use your account, you will be responsible for all use of the Site and all other activities undertaken by the party using your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any acts or omissions by you, including, without limitation, any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for recordkeeping, administrative, legal and technical purposes, and there may also be residual information that will remain in our databases and other records, which will not be deleted or modified. By registering for an account, you grant us permission to send you e-mails, offers, promotions and other marketing material via e-mail. You may unsubscribe at any time. You can access your account at My Account.
PRODUCT INFO AND SPECIFICATIONS
All features, Content, specifications, products and prices of the products and services described or depicted on this Site are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are made, in U.S. dollars. Certain colors, measurements and similar descriptions may be approximate and are provided for convenience only. For example, your particular technical specifications and the configuration of your computer and screen may affect the accuracy of your display of the colors of the products offered on the Site. We try to ensure that the information on the Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or correctness of any information on the Site. For example, products included on this Site may not be available, may have different attributes than those listed, or may be priced differently than those listed on the Site.
PRODUCT ORDERS / QUANTITY LIMITS / RESALE
We reserve the right, in our sole discretion, to limit the number of items purchased per person, per household or per order. These restrictions may also apply to orders placed by the same account, the same credit card and also to orders using the same billing and/or shipping address. The inclusion of any product or service on the Site at any particular time does not imply or warrant that such products or services will continue to be available. You may not purchase any items from this Site for resale by you or anyone else, and you may not resell any items purchased from this Site.
REFUNDS PLUS EXCHANGES
We want to make sure that you are satisfied with the products purchased on the Site. We are happy to accept returns of unused merchandise within 30 days of delivery. This excludes “SALE & PROMOTIONS” items which cannot be returned or exchanged.
SORTEO, CONCURSOS Y PROMOS
Cualquier sorteo, concursos u otras promociones disponibles a través del Sitio o de otra manera por POLÁ POLÁ pueden regirse por reglas específicas que están separadas de estos Términos de uso. Al participar en cualquiera de tales sorteos, concursos o promociones, usted acepta estar sujeto a esas reglas, que pueden variar de los Términos de uso establecidos en este documento. En la medida en que los términos y condiciones de cualquiera de estas reglas específicas entren en conflicto con estos Términos de uso, los términos y condiciones de dichas reglas prevalecerán. Nuestra Política de privacidad regirá cualquier información que envíe en relación con dichas actividades.
RESTRICCIONES DE USO DEL SITIO
No puede recopilar ni utilizar ninguna parte del Contenido de este Sitio de ninguna forma derivada, ni descargar, ni copiar información u otro asunto para uso de cualquier otra parte. No puede recopilar información y datos en el Sitio de minería, robots u otras herramientas de extracción. La información que se muestra en el Sitio no se puede usar para ningún propósito, excepto en relación con su uso directo del Sitio según lo permiten estos Términos de uso, y no puede ser extraída, resumida, duplicada o eliminada del Sitio, excepto con nuestros términos explícitos. , permiso escrito. Además, usted declara, garantiza y acepta que no usará (o planificará, alentará o ayudará a otros a usar) el Sitio para ningún fin o de cualquier manera que esté prohibida por estos Términos de uso o por la ley aplicable. Tampoco puede interferir con el funcionamiento adecuado del Sitio, lo que incluye, entre otros, el ataque, la piratería o el intento de penetrar en cualquier elemento no accesible al público del Sitio o sus servidores o red, mediante el uso de bots. , Caballos de Troya, virus, ataques de DNS u otra tecnología diseñada o destinada a interferir con el funcionamiento adecuado del Sitio o el uso del Sitio por parte de cualquier usuario. Usted acepta que no eludirá ni intentará eludir ninguna tecnología de control de acceso o seguridad implementada en el Sitio, o los servidores y la red asociados con el Sitio. Cualquier uso no autorizado del Sitio termina el permiso o la licencia otorgada por POLÁ POLÁ , cuya terminación es adicional a todos los demás derechos legales o de equidad de POLÁ POLÁ.
YOU SPECIFICALLY AGREE NOT TO USE THIS SITE TO:
// Email or transmit Content that is unlawful, harmful, threatening, abusive, harassing, harassing, unlawful, defamatory, libelous, obscene, defamatory, invasive of another person’s privacy or that is illegal // Harms or exploits children // Promotes illegal activities or attempts to commit an illegal act // Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates identifiers to disguise the origin of the Content // Email or transmits Content that constitutes a “pyramid” or similar scheme // E-mail or transmit Content that infringes upon the intellectual property or right of any entity or person // Advertise or engage in any commercial activity without POLÁ POLÁ’s explicit written permission // Intentionally or unintentionally violate any applicable local, state, national or international law // E-mail or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software/hardware/telecommunications OR disrupt the normal flow of communications or affect the ability of others to engage in activities through this Site.
INFO YOU PROVIDE THROUGH THIS SITE
If you choose to provide any personal information through this Site, the information will be used only for certain purposes, as described in our Privacy Policy. In addition, we may collect or share certain information based on your use of the Site, as described in our Privacy Policy.
To facilitate communications between you and POLÁ POLÁ , this Site provides you with the ability to contact us. While we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Policy to protect your information, please note that data transmitted over the Internet cannot be guaranteed to be completely secure and that security measures may not be perfect or impenetrable. . To the fullest extent permitted by applicable law, POLÁ POLÁ shall have no liability for any instructions or requests not accepted or not processed by e-mail, or for any loss or damage arising out of or in connection with any unauthorized use by third parties of any information you have sent by e-mail. If you wish to transmit confidential information to us, please contact us to arrange a more secure means of communication.
LIMITATIONS ON INFORMATION SUBMITTED
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through the Site. Any information, materials, suggestions, ideas or comments you send to us (collectively, “Submissions”) will be deemed to be non-confidential and, by sending them to us, you grant us an irrevocable, royalty-free, perpetual, unrestricted, worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works, publicly display, perform and distribute your Submissions for any purpose (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, without payment or other compensation to you, subject to the Privacy Policy. You also acknowledge that we may use your Submissions and any ideas, concepts or know-how contained therein for any purpose, including, but not limited to, developing, manufacturing, distributing and marketing products. However, we will not use your name unless required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.
ANY SUBMISSIONS TO US, THROUGH THE SITE OR OTHERWISE, ARE SUBJECT TO THE FOLLOWING GUIDELINES AND RESTRICTIONS:
It may not contain URLs or links to other sites (to advertise your company or site, please contact our sales department at hi@polapola.mx); May not contain copyrighted material (unless you own the copyright or have permission from the owner to post the copyrighted material and provide proper attribution to the copyright owner // May not contain viruses, worms, time bombs, Trojan horses or other harmful materials disruptive components // May not or may not be construed as spam or any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “mine data”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Content // May not contain trade secrets (unless you are the owner or have the owner’s permission to transmit them) // May not contain material that infringes the intellectual property rights of others, including but not limited to copyright, trademark, patent, trade dress or trade secret, or any other mark. // May not contain material that is sexually explicit, obscene, defamatory, libelous, slanderous, threatening, harassing, abusive, derogatory, bigoted or hateful // May not contain information that you know to be false, untrue or misleading or that does not fairly or accurately describe or depict the subject matter that is the subject of the information posted by you // May not submit information that impersonates another person, whether living or dead, misrepresent the identity of any person, or misrepresent or misstate regarding gender or age // You may not solicit money, investments or make any offer of securities or investments // You may not post chain letters or pyramid schemes // You may not post commercial or other opinions or advertisements.
To the maximum extent permitted by applicable law, you agree to indemnify us for all claims arising out of or in connection with any claim of any right in any Submission, as detailed below. To the maximum extent permitted by applicable law, you also irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the materials with respect to any Submission that you may have under any applicable law or under any legal theory. This section shall survive termination of these Terms of Use for any reason.
FORUMS
POLÁ POLÁ may offer features through the Site that allow you to post information and materials publicly, for example, in product reviews, chat areas and other similar forums (collectively, “Forums”). All of the rules of conduct described in the Limitations on Information section above apply to Forums. We reserve the right, in our sole discretion, to edit any Submission to the Forums and to choose to include or not include such Submission in the Forums or otherwise on the Site. By submitting Content to a Forum, you grant POLÁ POLÁ a non-exclusive, royalty-free, perpetual, transferable, irrevocable, sublicenseable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world on the Site or in any other media, now known or hereafter created; and (b) use the name that you submit in connection with such Content.
Forums include the opinions, statements and other content of third parties. We are not responsible for examining, monitoring or verifying such Content in the Forums, including the accuracy, reliability or compliance of such Content with copyright or other laws, as detailed below. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Site are those of third parties and not of POLÁ POLÁ , and POLÁ POLÁ does not endorse any such opinions, statements or materials. From time to time, we may offer incentives to customers to leave product reviews (for example, to earn points as a member of a loyalty program). Because it is important to us that product reviews are unbiased and honest, these incentives will be available to customers regardless of whether a review is positive or negative.
MONITORING OF INFORMATION
POLÁ POLÁ assumes no obligation to review or monitor Content or other information posted to the Site by third parties. You assume the risk of verifying the accuracy of such posted information through independent research. Notwithstanding the foregoing, we may, in our sole discretion, review information submitted to the Site for any purpose and reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Site for any reason.
POLÁ POLÁ reserves the right to cooperate with any law enforcement authorities or court order requesting or directing POLÁ POLÁ to disclose the identity of anyone posting any content or e-mail messages, or posting or making available any material or information that is deemed to violate the Terms. of Use or law. To the fullest extent permitted by applicable law, you agree to waive and indemnify and hold POLÁ POLÁ harmless from any and all liability for any actions resulting from POLÁ POLÁ in connection with any investigation by POLÁ POLÁ or law enforcement authorities.
INTELLECTUAL PROPERTY RIGHTS
POLÁ POLÁ owns any and all intellectual property rights related to the POLÁ POLÁ brand, trade name, trade dress and other Content, including: copyright, trademark, trademark, service mark, trade name, trade dress, proprietary logo, insignia, trade identifier and/or other Text and Graphics having or providing the “look and feel” of the POLÁ POLÁ brand image as well as all Content, including the Text, Graphics, Programming, photographs, video and audio herein (the “Intellectual Property.) “). Your use of the Site does not grant you any rights or licenses related to POLÁ POLÁ’s Intellectual Property, including, without limitation, copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights. rights therein, except as expressly provided in these Terms of Use. No intellectual property may be used, reproduced, published, transmitted, distributed, displayed, performed, displayed, modified, used to create derivative works, sold, resold or used in any sale, or exploited in any way, in whole or in part, except as provided herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell or distribute the intellectual property, or otherwise use it in any other way for public or commercial purposes. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Site, as well as any Graphics or Programming. All other Content, including product names, service names, trademarks, service marks and other intellectual property are the property of their respective owners, as indicated, and may only be used as permitted.
WARRANTIES AND LIMITATIONS OF LIABILITY
Your consent and agreement to the following disclaimers and limitations is an important inducement for us to allow you to access the Site. To the maximum extent permitted by applicable law, your use of the Site, and the obligations and liabilities of us with respect to your use of the Site, are expressly limited as follows:
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENTS, INCLUDING ALL PRODUCTS SOLD, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT. PARTICULAR PURPOSE. YOUR USE OF THE SITE AND PRODUCTS, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.
POLÁ POLÁ DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. POLÁ POLÁ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS SITE IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE SITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND POLÁ POLÁ MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME IN ITS SOLE DISCRETION WITH OR WITHOUT NOTICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER POLÁ POLÁ NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS SITE SHALL BE LIABLE FOR ANY LIABILITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PARTNER’S PARTICIPATION IN THIS SITE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLÁ POLÁ AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIES, ADVERTISERS, ADVERTISERS, PART PARTICIPANTS, REPUBLIC, PART LICENSING, REPUBLIC, LIST LIABLE TO YOU FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT, ACTUAL, SPECIAL OR EXEMPLARY DAMAGES, PUNITIVE, DIRECT, INDIRECT, ACTUAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF SUBSTITUTE PRODUCTS OR SERVICES, SIMILAR DAMAGES, CONTACT IN COMMERCE, COMMUNICATION OR ANY OTHER LEGAL THEORY, AND IF VITA IS TO BE HELD LIABLE, THE POSSIBILITY OF SUCH DAMAGES IS ACCEPTED. IF THE FOREGOING LIMITATIONS ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND WITH RESPECT TO YOUR USE OF THE SITE (REGARDLESS OF THE BASIS OF THE ACTION), SHALL NOT EXCEED THE SCOPE OF THE AGENCIES. THE ITEM(S) PURCHASED PLUS SALES TAX, AS APPLICABLE, OR A MAXIMUM OF $999.00 MEXICAN PESOS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POLÁ POLÁ IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SITE (INCLUDING CLAIMS OF INFRINGEMENT RELATED TO THIS CONTENT) FROM THIRD PARTIES THROUGH THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. POLÁ POLÁ IS NOT RESPONSIBLE FOR ANY ACTION YOU MAY TAKE OR FAIL TO TAKE AS A RESULT OF YOUR USE OF THE SITE AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE AND ANY CONSEQUENCES THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SITE.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless POLÁ POLÁ and its Affiliates, officers, directors, members, shareholders, agents, suppliers, distributors, employees, contractors and licensors from and against any claims, demands, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, court fees and costs, and reasonable attorneys’ fees incurred in connection with any litigation brought in connection with any such litigation. You agree to indemnify POLÁ POLÁ and its Affiliates, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, court fees and costs and reasonable attorneys’ fees incurred in connection with any litigation brought by a third party arising out of: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that your use of the Site caused damage to a third party.
THIRD PARTY SITES
The Site may contain links to other sites for your convenience and information. Such links may be to advertisers, content providers or other companies that may use our logo and/or style as a result of a co-branding agreement (e.g., a department or specialty store). These sites may be operated by companies that are not affiliated with POLÁ POLÁ and may have different privacy policies and terms of use. POLÁ POLÁ does not control the Content appearing on these sites or their privacy practices. Notwithstanding the presentation of, or links to, any third party information or site on the Site, no such presentation shall be deemed an endorsement, warranty, representation or guarantee, whether express or implied, by us on behalf of any third party. We shall have no responsibility or liability for the Content, subject matter or content of any information accessed or obtained from third party sites accessed from or through the Site. Access to third party sites from the Site is at your own risk. We do not guarantee any opportunities found through the Site or third parties that are advertised on the Site or purchased based on information obtained from the Site.
GENERAL INFORMATION
COMPLETE AGREEMENT // These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and POLÁ POLÁ governing your use of this Site, superseding any prior agreements between you and POLÁ POLÁ with respect to this Site. Disclaimer and Severability // The provision of the Terms of Use shall be construed in a manner that renders them valid, legal and enforceable. The failure of POLÁ POLÁ to enforce any right under any provision of the Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of the Terms of Use is determined by a court of competent jurisdiction to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to make it valid. You expressly understand and agree that such provision shall be valid, legal and enforceable. It is expressly understood and agreed that such modification or restriction may be made unilaterally by us, or alternatively, by provision of an arbitrator or court of law. If such provision cannot, under any circumstances, be modified or restricted, it will be severed from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.
CHOICE OF LAW + JURISDICTION + VENUE
// Your use of this Site and any dispute arising out of or relating to this Site or these Terms of Use or the Privacy Policy shall be governed by the laws of the State of Guanajuato , Mexico without giving effect to any conflict of law provisions. By accessing this Site, you agree that any action or proceeding arising out of or in connection with this Site shall be brought only in a court of competent jurisdiction in the State of Guanajuato, located in the city of Leon. You agree to submit to the personal and exclusive jurisdiction of the courts located in the city of Leon Guanajuato. You hereby waive any defense of inconvenient forum for the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
VIRUS + TRANSMISSION OF SENSITIVE INFORMATION
POLÁ POLÁ cannot and does not guarantee or warrant that the materials contained in this Site will be free of viruses, worms or other code or related dangers that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints and safeguards within your computer system to satisfy your particular virus protection requirements. POLÁ POLÁ assumes no responsibility or risk for your use of the Internet, nor does POLÁ POLÁ assume any responsibility for any products, services or hyperlinks to third parties.
MISCELLANEOUS
We make no representation that materials on the Site are appropriate or available for use in your location. Persons who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, to the extent local laws are applicable. To the extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ACCESSIBILITY NOTICE
If you have problems accessing WWW. POLÁ POLÁ.MX/WOLDWIDE, contact us via facebook messenger for assistance.
Last updated: January 01, 2023
TERMS AND CONDITIONS OF SALE
SUBMISSION OF YOUR ORDER
By submitting your order, you explicitly agree to comply with the Terms of Use and Privacy Policy of this website. You also acknowledge that you have read, accept and agree to comply with POLÁ POLÁ’s return and shipping policies.
ACCEPTANCE OF YOUR ORDER
You will not be charged until your order is verified, payment is authorized and your order has entered the shipping process. However, POLÁ POLÁ reserves the right to refuse your order at its sole discretion, at any time, whether you have received a confirmation or your credit card has been charged. Some of the reasons why your order may be rejected are if the products are not available, if the price is incorrect, or if there are credit-related problems or if a fraud problem is detected. We will contact you if we need more information. If your order is declined, we will credit your credit card for any amount charged with respect to that order. While it is our practice to confirm orders by email, receipt of an order confirmation email does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
CONSENT AND RELEASE AGREEMENT FOR PHOTO AND LIKELIHOOD OF USE
I hereby grant to POLÁ POLÁ POLÁ , POLÁ POLÁ POLÁ SAPI DE CV., POLÁ POLÁ and their subsidiaries, affiliates, agents, representatives and designees (collectively, ” POLÁ POLÁ “) the irrevocable, non-exclusive, non-transferable, royalty-free, right and license to use and display my photo (“Photo”) for any purpose, including marketing, promotion or advertising, on any and all social media channels and platforms (now known or hereinafter existing), without compensation, payment or other consideration of any kind. POLÁ POLÁ may use, display, edit, alter, reproduce, create derivative works, publish or distribute the Photo for any lawful purpose in its sole discretion, without any obligation to me or right of inspection or approval. I further grant POLÁ POLÁ the right to use my name, username, social media identifier and/or likeness as shown in the Photo (collectively, “Likeness”) in connection with POLÁ POLÁ’s use of the Photo.
I declare that: (i) the Photo is original and that I own all rights, including copyright, in and to the Photo or that I have obtained the necessary permissions to grant the rights set forth herein; (ii) if anyone is depicted in the Photo other than me, I have obtained all necessary permissions and releases from such person(s) to grant the rights granted to Dolce Vita herein and that such person(s) is over the age of majority in his/her state of legal residence; and (iii) POLÁ POLÁ’s use of the Photo and/or my image as granted herein will not violate the rights of any third party or law.
I declare that I am a resident of the United Mexican States and that I am at least 18 years of age or older. I hereby release, discharge and hold harmless and indemnify POLÁ POLÁ , its officers, directors and employees from any claim, demand or cause of action related to, arising out of or caused by the Photo, my likeness and/or the rights granted herein. and/or any claim, demand or cause of action that I, my heirs, representatives, executors, administrators or any other person acting on my behalf or on behalf of my estate have or may have, under this Agreement.
I agree that: (i) this Agreement shall be governed by and construed in accordance with the laws of the State of Guanajuato Mexico, without giving effect to any choice of law or conflict of law rules (whether of the State of Guanajuato, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Guanajuato. (ii) any dispute relating to this Agreement shall be brought in the appropriate state or federal court having subject matter jurisdiction located in Leon, Guanajuato and we hereby irrevocably consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens or lack of personal jurisdiction that we may have; and (iii) IN THE EVENT OF A DISPUTE AS TO POLÁ POLÁ OR ARISING OUT OF THIS AGREEMENT AND THE RIGHTS GRANTED BY THIS AGREEMENT INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY LIABILITY EXCEEDING THE AGGREGATE AMOUNT OF 10 UNITED STATES DOLLARS ($10. 00).
ACCESSIBILITY
polapola.mx is committed to creating a website that is accessible and easy to use for everyone, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and, in doing so, comply with many of the available standards and guidelines.
While we strive to meet accepted accessibility and usability guidelines and standards, it is not always possible to do so in all areas of the website. We continually seek solutions that bring all areas of the site to the same level of overall web accessibility. In the meantime, if you experience any difficulty accessing the polapola.mx website, please feel free to contact us at hola@polapola.mx for assistance. In addition, while we do not control such providers, we strongly encourage third party digital content providers to provide accessible and user-friendly content.
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