Terms and Conditions of Use.
Last update on March 1, 2017.
Welcome to ieso.com.mx, IESO, Industrias Especializadas Oliva, S. de R.L. de C.V.
Welcome to ieso.com.mx, Industrias Especializadas Oliva, S. de R.L. de C.V. and/or its affiliates ("IESO") offer you website functions and other products and services when you visit or purchase at ieso.com.mx, use IESO products or services, use IESO applications for mobile devices or employ software made available by IESO in connection with the foregoing (collectively, the "IESO Services"). IESO provides the services of IESO under the following conditions.
By using the IESO Services, you accept these conditions. We ask you to please read them carefully.
We offer a wide range of IESO Services and sometimes additional conditions may apply. Each time you use any IESO Service (for example, Your Profile or IESO applications for mobile) you are also subject to the guidelines, terms and conditions applicable to that IESO Service (the "General Conditions of Services"). If these Conditions of Use are incompatible with the General Conditions of the Services, the General Conditions of the Services will prevail.
PRIVACY.
We ask you to review our Privacy Notice, which also rules your use of the IESO Services, so that you may know about our practices.
ELECTRONIC COMMUNICATIONS.
Every time you use an IESO Service or send us an email, text message and other communications from any device, you will be communicating electronically with us. You agree to receive communications from us electronically in a variety of ways, for example, by means of the following types of data messages: e-mail, text messages, automatic notifications of our app or through notices and messages posted on this website or through other IESO Services, such as our Message Center. You agree that all contracts, notices, messages, and other notices and communications we send to you electronically satisfy any legal requirement in writing and have full legal effect and validity.
COPYRIGHT.
All content hosted or made available through any of the IESO Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections are property of IESO or its content providers and is protected by international, Mexican and United States intellectual property laws. The whole of the content hosted or made available through any IESO Service is the exclusive property of IESO, and is protected by the international laws of Mexico and the United States of America of intellectual property.
BRANDS.
The graphics, logos, page headers, button icons, scripts and service names that appear or are available through the IESO Services are trademarks or represent the commercial image of IESO in Mexico, the United States of America and others Countries. IESO trademarks and commercial image may not be used in relation to any product or service that does not belong to IESO, nor in any way that is likely to cause confusion among users or that may disparage or discredit IESO. All other trademarks that are not owned by IESO and which appear or are available through the IESO Services belong to their respective owners, who may or may not be affiliated or related in any way with IESO or sponsored by IESO.
PATENTS.
Several patents belonging to IESO are applicable to the IESO Services, as well as to the functions and services accessible through them. On the other hand, different parts of the IESO Services operate under different licenses of one or several patents. You can consult a list (not exhaustive) of the corresponding patents of IESO and other patents of third party licensed in favor of IESO.
LICENSE AND ACCESS.
Subject to your compliance with these Terms and Conditions of Use, as well as to the applicable price, IESO or its content providers grant you a non-exclusive, non-transferable, non-sublicensable, limited access and to the IESO Services for personal non-commercial purposes. This license does not include any right to resell or commercial use of any of the IESO Services or its contents; any right to compile or use any list of products, descriptions or prices; any right to make any use derived from the IESO Services or its contents; to download or copy account information for the benefit of another company; nor the use of search and extract data tools or robots or similar. IESO and its licensors, suppliers, publishers, right holders or other content providers reserve any right that is not expressly included in these Terms and Conditions of Use or in the General Conditions of the Services. Reproduction, duplication, copying, sale, resale or exploitation of any type of the IESO Services or any part thereof for commercial purposes, in each case without our prior written consent, is not permitted. It is also not allowed to place or use placement techniques to introduce any trademark, logo or other information protected by copyright (including images, text, page designs or formats) of IESO without prior written consent. The use of meta tags or any other "hidden text" that uses IESO's names or trademarks is not permitted without our prior written consent. You may not make improper use of the IESO Services. You are only allowed to use the IESO Services in a lawful manner. Any breach by you of these Terms and Conditions of Use or the General Conditions of the Services will result in the termination of the licenses granted by IESO.
YOUR ACCOUNT.
When you use IESO Services you are responsible for maintaining the confidentiality of your account information and password, as well as restricting access to your computer, and you assume responsibility for any activities performed from your account or using your password. IESO sells products for minors, but sells them to adults, who can purchase them with a credit card or other authorized payment method. If you are under 18 years of age, you may use the IESO Services only with the participation and involvement of one of your parents or legal guardians.
IESO reserves the right to terminate accounts, remove or edit content, cancel orders in case of violation of these Terms and Conditions of Use, Terms of Service or any other policies, terms and conditions of IESO, rights of third parties or commission of a crime or any conduct that damages IESO's reputation or customer experience.
OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENTS.
Users can post their opinions, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions or other information, provided that the content of the same is not unlawful, obscene, threatening, defamatory, invasive of privacy, infringes intellectual property rights or otherwise offensive to third parties or objectionable, does not consist of or contains computer viruses, political propaganda or advertising content, chain mail, mass mailing or any other type of “spam”. The use of false e-mail addresses, or to impersonate the identity of another person or entity, or falsify in any other way the origin of any content. IESO does not regularly review published content, but we reserve the right to remove or modify such content.
By posting any content or submitting any material for publication, and except as otherwise indicated, you grant to IESO the non-exclusive, free, perpetual, irrevocable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create and exploit any derivative works and distribute and display its content throughout the world and through any means. The possibility of using the IESO website and the IESO Services is the only compensation for the rights that you grant us for the content and other materials that you send or publish. You agree that the only compensation you will receive for the rights granted to IESO with respect to the materials and content you submit or post is the right to use the IESO website and the IESO Services. It is understood that the foregoing is granted for the maximum allowed under applicable law. You grant to IESO and its sublicensees the right to use the name provided by you in relation to said content, if they so decide. You represent and warrant to be the owner or in any other way to control the full rights of the content that you could publish; that the content you provide is accurate; that the use of such content shall not be in breach of this policy and shall not prejudice any person or entity; and that you will indemnify IESO for any claims in connection with the content you provide. IESO has the further right not to monitor and edit or remove any activity or content. IESO assumes no responsibility for any content posted by you or any third party.
CLAIMS ON INTELLECTUAL PROPERTY.
IESO respects the intellectual property of third parties. If you believe that your work has been reproduced in a way that constitutes an infringement of intellectual property rights, please use our Notice and Procedure for Intellectual Property Infringement Claims.
RISK OF LOSS.
All products purchased at IESO are carried out through a shipping agreement. The property and risk of loss of the products will be transferred to you at the moment we deliver the products to the corresponding carrier. You expressly consent to the payment of your purchase either at the time your purchase is sent or, if you choose to pay with “Meses sin Intereses”, at the time your order is processed.
PRODUCT DESCRIPTIONS.
All information about the products contained in our website is provided for informational purposes only. Before using the products always read the labels, warnings and instructions for use of the products. IESO tries to be as accurate as possible. However, IESO does not guarantee that the descriptions or content of any other IESO Service is accurate, complete, reliable, valid or error-free. If a product offered by IESO does not comply with said description, you can return it as long as it is returned without having been used and in its original package.
PRICES.
Except as indicated separately, all prices shown through the IESO Services include taxes.
Except as otherwise noted, the list price or suggested price shown for products on any IESO Service represents the retail price listed on that product, as suggested by the manufacturer or supplier, or estimated in accordance with industry standard practices; or the estimated retail price for a comparable product offered elsewhere. The list price or suggested price is an estimate of comparative price and may or may not represent the current price in all places on a given date. For certain products offered as a set, the list price or suggested price could represent "open inventory" prices, which means the sum of the manufacturer's suggested or estimated selling price for each of the products included in the set. When the product is offered for sale by one of our merchants, the list price or suggested price may be provided by the merchant.
AVAILABILITY.
All information and details regarding the availability, shipment or delivery of a product are only estimates. In case, for any reason, during your order process, the product ordered by you will no longer be available, no charge will be made for those products, except in case you have selected to pay with “Meses sin Intereses”, in which case the charge of the monthly payments will be made when your order is processed.
If the product you ordered is not available, we will notify you and allow you to keep the order. If after 30 days we cannot confirm the availability of the ordered product, we will inform you of the options you have for your order.
PRODUCT WARRANTY.
Several products available for purchase are covered by a guarantee. If you would like more information regarding the guarantees offered by IESO please visit our About Warranties page of manufacturers.
GENERAL CONDITIONS ABOUT IESO SOFTWARE.
All software, including updates, enhancements, and any other documentation related to such software, which we make available to you at any time in connection with the IESO Services (the "IESO Software") is subject, in addition to these Terms and Conditions of Use and Sale, to the conditions you can find here.
OTHER BUSINESS.
Third parties other than IESO operate stores, provide services or sell product lines on this site. We also provide links to the websites of affiliated companies and other companies. We are not responsible for examining or qualifying, or in any way guaranteeing, the offers of any such companies or individuals, nor the content hosted on their respective websites. IESO assumes no responsibility for the actions, products and contents of any such company or individuals or any other third parties. You should carefully review the privacy statements and other conditions of use of such third parties.
RELEASE OF WARRANTIES AND LIMITATION OF LIABILITY.
THE SERVICES OF IESO AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH IESO'S SERVICES ARE PROVIDED BY IESO ON AN "AS IS" BASIS AND "AS AVAILABLE", UNLESS OTHERWISE SPECIFIED IN WRITING. IESO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE OPERATION OF IESO'S SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH IESO'S SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF IESO'S SERVICES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IESO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE. IESO DOES NOT WARRANT THAT THE SERVICES OF IESO, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH IESO SERVICES, IESO SERVERS OR ELECTRONIC COMMUNICATIONS SUBMITTED BY IESO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IESO SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM THE USE OF ANY IESO SERVICE, OR OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE AVAILABLE TO YOU THROUGH THE IESO SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SOME LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DELIVERIES, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE RELEASE, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM PERMITTED UNDER APPLICABLE LAW.
POLICIES, MODIFICATION AND INDEPENDENCE OF PROVISIONS.
Please review our other policies posted on this website. These policies also govern your use of the IESO Services. We reserve the right to make changes to our website, policies, Terms and Conditions of Services, and these Terms and Conditions of Use at any time and your continued use of the IESO Services will credit your acceptance of such changes. If any of these conditions are held to be invalid, void, or unenforceable for any reason, such condition shall be deemed independent and shall not affect the validity and enforceability of any remaining conditions.
CONTROVERSIES.
Any dispute or claim related to the use of the IESO Services, the products or services sold or distributed by IESO or through ieso.com.mx or these Terms and Conditions of Service will be submitted and resolved at your choice, either through the administrative jurisdiction of the “Procuraduría Federal del Consumidor” ("PROFECO") or through arbitration conducted by the “Comisión de Mediación y Arbitraje de la Cámara Nacional de Comercio” ("CANACO"). You and we agree that you and we may file a complaint with the competent courts in order to prevent violations or misuse of intellectual property rights.
In the arbitration procedure there is no judge or jury and the review that a court can make of an arbitral award is limited. However, an arbitrator may make an individual sentence for damages and other benefits, on the same terms as a court.
To start an arbitration proceeding, you must send a letter requesting an arbitration and describing your claim, to the attention of: Attn: Departamento Jurídico, Calzada Manuel Gómez Morín # 488, Col. Ex-Ejido Coahuila, Mexicali, Baja California, C.P. 21360, Mexico. The arbitration will be administered by CANACO under its rules. The CANACO rules are available at www.arbitrajecanaco.com.mx by telephone at 36852269, ext. 1309 or 1310. The payment of all fees for the submission of the application, administrative expenses and of the arbitrators will be governed by the rules of CANACO. We undertake to reimburse all claims for claims less than $ 1,000 (Pesos), unless the arbitrator determines that the claim is frivolous. Likewise, we undertake not to claim costs in arbitration, unless the arbitrator determines that the claim is frivolous. You may choose to have the arbitration conducted solely by telephone or based solely on the presentation of written arguments and evidence; however, in all cases, the seat of the arbitration shall be the City of Mexicali, Baja California, Mexico. The arbitration shall be conducted in Spanish by a single arbitrator and the applicable laws shall be those of Mexico. We agree that any dispute resolution procedure will be carried out only on an individual basis and not in class actions, class action or representative action.
OUR ADDRESS.
Calzada Manuel Gómez Morín #488.
Col. Ex-Ejido Coahuila.
Mexicali, Baja California.
C.P. 21360. México.
To contact us by phone, please click here and select "Contact Us".
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY OFFENSES.
If you believe that your work has been reproduced in a way that constitutes an infringement of intellectual property, please file your complaint using this online “Aviso de Vulneración de Derechos” form. We respond promptly to concerns expressed by right holders about alleged infringements.
If you prefer to submit a written report, please provide us with the following information:
- An autograph signature of the person empowered to act on behalf of the owner of the intellectual property right;
- A description of the work protected by the intellectual property laws in respect of which you claim an infringement;
- A description of the location of the site in which the material for which you claim an infringement is located;
- Your address, telephone number and email address;
- A statement from you that you consider in good faith that the disputed use has not been authorized by the right holder, its representative or applicable law;
- A statement from you that you are the owner of the intellectual property rights or are entitled to act on behalf of the owner of such rights.
The IESO Representative for Intellectual Property Rights for the reception of notices of claims for infractions on its website for all products, except for electronic books, is located at the following address:
Atención: IESO, Departamento Jurídico
Calzada Manuel Gómez Morín #488.
Col. Ex-Ejido Coahuila.
Mexicali, Baja California.
C.P. 21360. México.
Email: juridico@ieso.com.mx
The IESO Representative for Intellectual Property Rights for the reception of notices of claims for infractions in its website related to electronic books is located at the following address:
Agente de derechos de autor.
Departamento Legal.
Industrias Especializadas Oliva, S. de R.L. de C.V.
Calzada Manuel Gómez Morín # 488.
Col. Ex-Ejido Coahuila.
Mexicali, Baja California.
C.P. 21360. México.
E-mail: copyright@ieso.com.mx
Please note that this procedure is exclusively for notifying IESO of infringements of intellectual property rights that protect your material.
Additional Terms of the IESO Software.
Use of the IESO Software. You may use the IESO Software exclusively to allow you to use and enjoy the IESO Services provided by IESO, and to the extent permitted by the Terms and Conditions of Use, these Software Terms and any General Conditions of the Services. You may not incorporate any portion of the IESO Software into your own programs or compile any portion thereof in combination with your own programs, transfer it for use with any other service, or sell, lease, loan, distribute or sublicense the IESO Software or otherwise assign any rights to the IESO Software in whole or in part. You may not use the IESO Software for any unlawful purpose. We may stop providing any IESO Software and terminate your right to use any IESO Software at any time. Your rights to use the IESO Software will terminate automatically without notice from us in case you breach any of these Software Terms, Terms and Conditions of Use or any other General Conditions of the Services. Additional conditions of third parties included in or distributed with certain IESO Software may be applied to the IESO Software (or software incorporated in the IESO Software) that are specifically identified in the applicable documentation that will govern the use of said software in case of conflict with these Terms and Conditions of Use. All software used in any IESO Service is the property of IESO or its software suppliers and is protected by the intellectual property laws of Mexico, the United States of America and by the applicable internationally applicable laws.
Use of Third Party Services. When you use the IESO Software, you may also be using the services of one or more third parties, such as wireless connection providers or cellular platform services. Your use of these third party services may be subject to the policies, conditions of use, and costs of such third parties.
Prohibition of Performing Reverse Engineering Acts. You may not, nor encourage, assist, or authorize any other person to copy, modify or reverse engineer, decompile or disassemble, or otherwise manipulate, the IESO Software, in whole or in part, or create any work Derived from or from the IESO Software.
Updates. In order to keep IESO Software updated, we may offer automatic or manual updates at any time and without the need to notify you.
Export Regulations. You must comply with all restrictions and regulations of the Department of Commerce and other agencies and authorities of Mexico and the United States of America for export and re-export that may apply to the IESO Software.