Terms of service

Thank you for visiting www.humbertovidal.com (the “Website" or “Site"). The Website is owned and operated by Humberto Vidal, Inc., a Puerto Rico corporation (“Humberto Vidal," “we," or “us"). You are allowed to use the Website subject to your agreement with the terms, conditions, and notices in these terms of use (“Terms of Use" or “Agreement"). Please read these Terms of Use carefully. They represent a binding contract between you and us. 

In order to use this Website, you must agree to all of the terms, conditions, and notices in these Terms of Use. By accessing or using this Website in any way (collectively, the “Services”), you agree to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Services or the Website.

UPDATES TO THESE TERMS

Return to this page occasionally to review the most current version of these Terms of Use. We reserve the right to modify these Terms of Use at any time, without notice, so it is important to check them periodically. By continuing to use the Website and/or the Services, you  accept these Terms of Use and any modifications we make.

CONDITIONS OF USE

You may only use our Website if you promise that all of the following conditions are true:

(1) You are at least 18 years old;

(2) You are of legal age and have the capacity to form a binding contract;

(3) You have the legal authority to provide any and all information that you submit to the Website, any information you provide is only about yourself, and all information you provide is true, accurate, current, and complete; 

(4) You are allowed to receive the Services under the laws of the United States or other applicable jurisdiction; 

(5) You will use the Services, and purchase and use the products and any services available through the Site, in strict compliance with these Terms of Use and all applicable laws, rules, and regulations (collectively, “Laws”); and 

(6) By accepting these Terms of Use, you acknowledge and agree that all calls, emails, and other communications between you and us may be recorded and stored, for training purposes or otherwise.

PRIVACY NOTICE

In addition to these Terms of Use, we have a privacy policy (“Privacy Policy”) that describes our collection, use, disclosure practices, and other practices regarding personal information that you may provide to us. Personal information includes your name, mailing address, email address, and any further personally identifying information you may provide to us.  


A copy of our Privacy Policy is available at www.humbertovidal.com. We take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that any steps we may take do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats, or other vulnerabilities.

Use of Personal Information. In order to use the Website, you may need to provide personal information. You understand and agree that we may collect, store, share, disclose, and otherwise use any personal information we may obtain about you (whether through the Site, by email, telephone, or any other means) in accordance with these Terms of Use and the terms of our Privacy Policy. We may update our Privacy Policy from time to time in our sole discretion and post an updated version of the Privacy Policy at the website address provided above. By using the Website, you agree to all terms of the Privacy Policy, including any changes made to the Privacy Policy.

USING THE WEBSITE

  1. Accounts on www.humbertovidal.com

For some aspects of the Website and Services, including making a purchase on the Website, you must first create an account. When creating an account, you must provide us with accurate, complete, and updated registration information. In order to create an account, you will need to: (1) agree to these Terms of Use and our Privacy Policy, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the account creation process. 

As part of your account registration, you will need to provide your accurate name, e-mail address, and create a password. Access to and use of password-protected areas of the Website is restricted to authorized users only. By creating your account, you agree to accept responsibility for all activities that occur using your account or password. You are responsible for protecting your login credentials, for maintaining the confidentiality of your account and password, and for restricting access to your account.

You agree that we will be allowed to assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Website, have been made by you.

Account Termination. You may cancel your account with us at any time by contacting our customer support. We may terminate your account and refuse any and all current or future use of the Websites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that we determine, in our sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if we determines, in our  sole discretion, that you are using your Website membership in a manner not permitted by these Terms of Use, or (4) in other circumstances, as we deem appropriate in our sole discretion.

  1. Ordering and Purchasing
  2. Order Processing

We process orders made through the Website subject to certain business practices intended to protect against fraud and to prevent or resolve errors. If fraud is suspected in connection with an order, we may, in our sole discretion, (1) contact you to verify your identity and/or the validity of your order, (2) ask for certain authentication of the validity of the transaction, or (3) choose to not process or to cancel your order in certain circumstances. We may validate purchases or cancel an order if we suspect the request is fraudulent, when the product or service you wish to purchase is out of stock or has been mispriced, or in other circumstances when we deem it appropriate in our sole discretion. Of course, we will not charge you for orders that we do not process or cancel.

  1. Product and Service Descriptions

We attempt to provide accurate descriptions of products and services on the Website. However, we do not warrant that descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Website is not as described and you purchase the item, your sole remedy is to return the item, as specified in these Terms of Use.

  1. Products and Service Availability

Products and listed on the Website and the Services provided by us are usually available and ready to be shipped or provided (in the case of the Services) when they appear on the Website. In some cases, products may be sold out and the Website may not be updated before you place an order. Unfortunately, we cannot guarantee that an item appearing on the Website or listed as “in stock” is actually available or that it will ship right away, as inventory can change significantly within a matter of hours or even minutes. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email to offer you a refund, Website credit, or an alternative product. If we determine that a product or service you wish to purchase is no longer available, the item will be canceled from your order, you will be notified, and you will not be charged. 

  1. Pricing Information

Accuracy of Comparative Pricing Information. We strive to provide accurate pricing information regarding the products and services available on the Website. We rely on our product suppliers to provide indications of average retail price or suggested retail price. In many cases, any original or comparative price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier. In other cases, the original or comparative price is established by the product manufacturer based on what the product has been listed for in other retailers or sales outlets. Retailers and sales outlets may run sales or specials on products or may sell products at pricing lower than the original or comparative price. For that reason, the original or comparative price may or may not represent the prevailing price for retailers in every area on any particular day.

Pricing Errors. Despite our best efforts, we cannot guarantee there will not be pricing errors on the Website. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Website as a result of an error. If this occurs, we will notify you by email. 

We expressly reserve the right to correct any pricing errors or other errors on our website. If there is a pricing error, we will correct the error and allow you to purchase at the correct price or we will cancel your order without penalty to you. 

  1. Returns/Exchanges and Taxes

Please visit https://humbertovidal.com/policies/refund-policy for our policy regarding returns/exchanges and taxes, which may change from time to time. 

  1. Risk of Loss

ANY PRODUCTS PURCHASED ON OUR WEBSITE WILL BY SHIPPED TO YOU BY A THIRD PARTY CARRIER. BOTH TITLE AND RISK OF LOSS FOR ANY PRODUCTS PURCHASED ON OUR WEBSITE PASS TO YOU UPON OUR DELIVERY TO THE CARRIER. ALL PRODUCTS ARE FREE ON BOARD AT OUR PLACE OF BUSINESS.

  1. Exchanges, Returns, and Refunds Policy

We have adopted a friendly exchanges, returns, and refunds policy as a service for our loyal customers. Please read below for more information. This policy is also available at https://humbertovidal.com/policies/refund-policy. 

Exchanges

Did you purchase the wrong item or simply found another item you want more? No problem. We’ll exchange any item for free as long as you return it to us within 45 days of the invoice date. To initiate an exchange, please follow these simple guidelines:

1) With your order number, please email admin-info@humvi.com for a Return Authorization Number (RMA);

2) Once you have received an RMA, please ship the item back as instructed using USPS, UPS, or FedEx. You are responsible for the related shipping costs to ship the item back; and

3) Your new item will be shipped out as soon as the item being exchanged has been received and its like-new condition has been verified. You will be responsible for the shipping costs incurred to deliver your new item. Items with damaged retail packaging may be subject to a small restocking fee.

Product Returns

Product returns are accepted within 45 days of delivery. An RMA (Return Merchandise Authorization) number is required before returning any merchandise. In order to request an RMA, contact us as described below.

Returns Not Accepted in Certain Circumstances

Please note, under the following circumstances returns will not be accepted, even if an RMA was issued by us: retail packaging is missing, merchandise has been used or damaged, or is incomplete, or if more than 45 days have passed since the order date.

To initiate a return, please follow these simple guidelines:

1) With your order number, please email admin-info@humvi.com for a Return Authorization Number (RMA);

2) Once you have received an RMA, please ship the item back as instructed;

3) Returned merchandise will be inspected upon arriving at our warehouse; and

4) After inspection, your credit card or other payment type will be credited to your account within 3-5 business days. If the returned merchandise does not qualify to be returned, we will notify you.

Non-Returnable Items

Sometimes items are non-returnable. No full or partial refunds will be given if an item has been noted as non-returnable. Specialty orders and custom orders are non-returnable. For hygiene reasons, pantyhose and socks are non-returnable.

  1. Shipping Policy

Domestic Shipping (USA, excluding Alaska and Hawaii)

All domestic orders will be shipped by USPS. You will be emailed a tracking number when your order ships. It's your responsibility to coordinate delivery if you're not present to receive your order. 

International Shipping

International shipping is not available at this time. 

Shipping to APO/PO Boxes

We do not ship to APO/PO boxes. 

Refused or Undeliverable Orders

Any refused or undeliverable orders will be processed according to the terms that would apply to your order if a return were requested. All shipping costs, including any return shipping charges and return-to-sender fees will be assessed against any refund. 

  1. Taxes

We collect sales tax for remittance to Puerto Rico taxing authorities for purchases that are shipped to end purchasers with shipping addresses located in the Commonwealth of Puerto Rico. 

If you are subject to taxes for purchases on our Website in your jurisdiction, you are responsible for paying any taxes to the applicable taxing authority. Taxability and the appropriate tax rate vary greatly by location. 

ADDITIONAL TERMS OF USE OF THE WEBSITE

In addition to the above terms of use, the following terms apply to your use of the Website:

  1. Permitted Activities 

The Website provides an online service that allows account holders and guests to purchase merchandise. You may use the Website to browse, shop for, and purchase merchandise for yourself or as gifts using your account. In addition to making use of the Website as described above yourself, you may direct others to the Website for the permitted activities listed in this section. You may direct others to the Website by sharing hyperlinks (“links”) to specific pages on our Website or the link to our Website more generally, whether via email, social media outlets, your personal website or blog, electronic message, text message, or otherwise. However, you may not do so for a malicious purpose, nor may you make use of such links for a commercial purpose. You may not post links to our Website or re-post links from our Website on an aggregator website or for any other commercial purpose.

  1. Prohibited Activities 

The Website, as well as the content and information itself, is proprietary to us or our suppliers. You may do any of the Permitted Activities outlined in section 1, "Permitted Activities," above. However, you agree not to otherwise reproduce, re-use, alter, transmit, display, sell or re-sell any information, products, or services acquired through this Website. You agree not to republish any information from this website for any commercial purpose.  

Additionally, you agree not to:

- Use this Website or its contents for any commercial purpose;

- Make any speculative, false, or fraudulent purchase or any purchase in anticipation of demand;

- Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

- Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

- Deep-link to any portion of this Website for any purpose without our express written permission;

-“Frame," "mirror," or otherwise incorporate any part of this Website into any other website without our prior written authorization; or

- Create multiple accounts using multiple email addresses.

  1. Data Integrity

You represent that all of the information, data, and other materials you provide on this Website or to us, through any means, are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Website. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead us as to the origin of any content. Some features that may be available on this Website require registration. 

  1. Electronic Communications Consent

When you visit www.humbertovidal.com, send e-mails to us, or post information to the Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that any communications be in writing.

  1. Intellectual Property Rights, Limited License, and Website Access

All content available through the Website (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, video clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by us, our licensors or our content providers, and is protected by copyright, trademark, and other applicable United States and foreign laws.

We grant you a limited, non-exclusive license to access and make personal use of this Website. You may only access, copy, download, and print the content available on this Website for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices that appear in the content. We or our licensors or content providers retain full and complete ownership of the content available on the Website, including all associated intellectual property rights. We provide this content to you under a license that may be modified or revoked at any time in our sole discretion. We strictly prohibit any other use of any content available through the Site, including but not limited to:

  1. any use of the content or the Site for purposes competitive to us or for the commercial benefit of another vendor or any third party;
  2. any caching, unauthorized linking to the Website or the framing of any content available on the Website;
  3. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Website that you do not have a right to make available (such as the intellectual property of another party);
  4. any uploading, posting, or transmitting of any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer;
  5. using any hardware or software intended to intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots, or similar data gathering and extraction tools); or
  6. any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, or damage or interfere with the proper working of our infrastructure.

You are responsible for obtaining access to the Website, and your access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. If you access or use the Website in violation of these Terms of Use, any license that may have otherwise been granted to permit use of the Website shall be terminated. 

We reserve the right to refuse or cancel any person’s account, remove any person from this Website, and prohibit any person from using this Website for any reason. We also reserve the right to limit or terminate your access to or use of the Website at any time without notice. We do not warrant nor represent that your use of the content available on this Website will not infringe rights of third parties not affiliated with us. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity.

  1. Content You Submit

Have something to say? We're always listening. Feel free to submit your reviews, comments, and anything else you may see fit to share. However, please keep in mind that, by submitting anything to us, you're giving us the right to use it in the future as we see fit, without any compensation to you. By sending anything to us by email, through posts on this Website, on our Facebook fan page, via live chat, or in any other format, including any reviews, questions, comments, suggestions, ideas or other expressions contained in anything you may submit to us (collectively, “Reviews"), you grant us and our subsidiaries and any and all of our affiliates (collectively, the “Companies"), a global, nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable right to do the following with any Reviews, in our sole discretion, with or without an indication of the source of the Reviews: (a) use, reproduce, license, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Reviews throughout the world in any media form currently existing or existing in the future; and (b) use the name that you submit in connection with such Reviews.

You agree that the Companies may choose, but are not required, to give you credit for any Reviews you may submit. You acknowledge and agree that Reviews are not confidential and are not proprietary. We take no responsibility and assume no liability for any Reviews posted or submitted by you or others. If you do not agree to these Terms of Use, including the terms related to Reviews, please do not provide us with any Reviews.

You are solely and entirely responsible for the content of your Reviews. You are prohibited from posting or transmitting the following to or from this Website: (i) anything that may violate any law including, but not limited to material that is libelous, defamatory, obscene, or that may violate the rights of privacy or publicity of anyone; (ii) any commercial material or content; and (iii) any material or content that may violate any copyright, trademark, patent, or other proprietary rights of any party. You shall be, and agree to remain, solely liable for any damages incurred due to any violation of the restrictions presented in these Terms of Use and for any harm resulting from your actions.

You agree that we may exercise our rights to any Reviews you submit without notice to you, without compensation whatsoever.

  1. Links

For your convenience, our Site may contain links to other websites. If you use these links, you will leave our Site. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements that may be encountered when linking to a third-party website, whether or not we are affiliated with the owners of, or use the services of, such websites. In addition, providing links to other websites should not be interpreted as the endorsement or approval by us of the organizations sponsoring such third-party websites or their products or services.

  1. Software Available on Our Website 

Any software that is available to download from our Website (“Software") is the copyrighted work of us, our Parent Companies, subsidiaries, Affiliates, and/or our respective providers. Your use of Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these Terms of Use and for no other purpose.

All Software, including, without limitation, all HTML code contained on this Website, is owned by us, our Parent Companies, Affiliates and/or our respective providers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law both civilly and criminally.

WITHOUT LIMITING THE ABOVE, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

  1. DISCLAIMERS AND ASSUMPTION OF RISK

Disclaimers

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, COVENANTS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF WEBSITE MEMBERSHIP, ANY CONTENT ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE. WE FURTHER DISCLAIM ANY AND ALL WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. 

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

Assumption of Risk

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE DISCLAIM ANY WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. IF YOUR JURISDICTION DOES NOT GIVE FULL EFFECT TO THE ABOVE DISCLAIMER OF WARRANTIES, YOUR CONTINUED USE OF THIS WEBSITE IS NOT PERMITTED.

  1. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND/OR FOR USE OF YOUR WEBSITE ACCOUNT, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE IN CONNECTION WITH YOUR ACCOUNT AND/OR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. AS CONSIDERATION FOR YOUR ACCESS TO THE SITE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER WE NOR OUR LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“OUR SUPPLIERS”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS WEBSITE OR ANY OTHER WEBSITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR WEBSITE ACCOUNT, ANY TERMINATION OR CANCELLATION OF YOUR ACCOUNT; (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE WEBSITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE WEBSITE; OR (7) ANY USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS YOUR RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE OR RESOURCE. 

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. 

YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE WEBSITE. 

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOUR JURISDICTION DOES NOT GIVE FULL EFFECT TO THE ABOVE DISCLAIMER OF WARRANTIES, YOUR CONTINUED USE OF THIS WEBSITE IS NOT PERMITTED.

  1. Indemnities

You agree to defend, indemnify, and hold harmless us and/or our respective providers, our Companies and Affiliates, and any of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: 
(a) your breach of these Terms of Use or the documents referenced herein;
(b) your violation of any applicable United States or foreign law or the rights of a third party
(c) your use of this Website; or (d) fraud you commit, or your intentional misconduct or gross negligence. We will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without our prior written approval.

  1. Trademarks and Copyrights

The trademarks, logos, trade designs, images, written materials, and service marks (“Marks”) displayed on the Site are our property or the property of or our licensors, content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to, use as meta tags on other pages or sites without our written permission or the written permission of such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to make use of any content included on the Website without our express written consent. Further, you may not utilize any Website content in any meta tags or any other “hidden text” techniques or technologies without our express written consent. All content (including any software programs) available on or through the Website is protected by copyright, trademark, and other applicable U.S. and foreign laws. All rights are reserved.

If you are aware of any infringement of our brand or content, please let us know by emailing us at legal@humbertovidal.com. 

  1. Claims of Intellectual Property Infringement

We respect the intellectual property of others and we ask our users to do the same. We have adopted a policy that provides for the account termination in appropriate circumstances of website users' accounts. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to us by any of the following methods: email to legal@humbertovidal.com, by mail to the address below, or by phone at the number below:

www.humbertovidal.com – Humberto Vidal

Attn: IP/Trademark Counsel

PO Box 21480

San Juan, Puerto Rico 0928-1480

We will review and address all notices that comply with the above requirements.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement. 

We may update this contact information from time to time without notice to you. We will post the current contact information on this page of the Site.

  1. Survival of Terms After Agreement Ends

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

  1. Force Majeure

You agree that we shall be excused from performance under these Terms of Use to the extent our performance is prevented from or we are delayed from performing, in whole or in part, as a result of an event or series of events and the after-effects caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. If, at any point, we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or canceling the shipment and receiving a refund of your charges.

  1. General

From time to time, we may offer special promotional offers that may or may not apply to your Website account. You agree to be bound by any additional Terms of Use for these special offers.

This Website is operated by a United States entity in the Commonwealth of Puerto Rico and this Agreement is governed by the laws of the Commonwealth of Puerto Rico, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Puerto Rico, USA, in all disputes arising out of or relating to your use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph. 

You agree that no joint venture, partnership, employment, or other agency relationship exists between you and our Company or Companies as a result of this Agreement or use of this Website. 

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. 

Class Action Waiver. You may only resolve disputes with us on an individual basis. You agree to waive any right you may have to bring a class or other consolidated action. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Private attorney general actions, class actions, and any other consolidated action are expressly waived. By using this Website, you agree to the above waiver. If you do not agree with this waiver, your continued use of this Website is not permitted. 

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. 

This Agreement (and any other Terms of Use referenced herein and expressly made part of this Agreement, including our Privacy Policy) constitutes the entire agreement between you and us with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website do not and are not intended to represent any real individual, company, product, or event. 

Any rights not expressly granted herein are reserved by us. Failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to subsequent or similar breaches. If any content on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

We do not guarantee we will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

  1. Changes to These Terms of Use

You acknowledge and agree that we may, in our sole discretion, modify, add, or remove any portion of these Terms of Use at any time and in any manner by posting revised Terms of Use on the Website. You may not amend or modify these Terms of Use under any circumstances. The current version of these Terms of Use is available at https://humbertovidal.com/policies/terms-of-service. It is your responsibility to check for any changes we may make to the Terms of Use. Your continued use of this Website after any changes to the Terms of Use means you accept the changes.

  1. How to Contact Us

If you have any questions or comments about these Terms of Use or the Website, anything listed for sale on our Website, or questions about us in general, please email us at admin-info@humvi.com  or call us at 1-877-751-7070.

You also may write to us at:

www.humbertovidal.com 

Attn: Customer Service

PO Box 21480

San Juan, Puerto Rico 0928-1480

Effective Date: November, 2019