Welcome to the ESTRELLA DAMM US CORP (“Company”) website at www.estrelladammjourney.com (the “Site”). Please review these Site terms of use as they govern your use of our Site. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THIS SITE.
Company controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Florida, without regard for its conflicts of law provisions. Company and you agree as applicable, will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms of Use that are not subject to binding arbitration as set forth herein. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
BINDING ARBITRATION
You and Company agree that any controversy or claim arising out of or relating to the Site, use of the Site, these Terms of Use and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by both Company and you, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Company, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If Company initiates arbitration against you, Company will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Company or are the property of their respective owners.
The name Company and the Company logo are registered marks
None of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Company or the applicable copyright owner.Please note that the permission granted terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than the permission granted may violate copyright or trademark laws, and, without the prior written permission of Company, is strictly prohibited.
If you choose to leave this Site via links to other non-Company sites, Company is not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because Company does not control non-Company sites or the products advertised therein, you acknowledge and agree that Company is not responsible for the availability of such non-Company sites or products, and is neither responsible nor liable for any content, advertising, products, or other materials on or available from such sites. In no event shall any reference to any non-Company site, product or service be construed as an approval or endorsement by Company of such site, product or service. Please see our Privacy Policy for further details.
DISCLAIMER OF WARRANTY
COMPANY IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH COMPANY BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
In an effort to provide our customers with the most current information, Company will, from time to time, make changes in the Contents and in the services described on this Site.
You agree to indemnify and hold Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Company ("Transmissions") shall be and remain Company's property. By submitting any Transmissions to Company, you represent and warrant that:
you are the sole author and owner of the Transmission and any intellectual property rights thereto;
all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
all Transmissions that you post are accurate;
you are at least 21 years old; and
use of the Transmission you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any Transmission:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's intellectual property rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmission, you grant Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
Company reserves the right to change, condense or delete any Transmission that Company deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Company does not guarantee that you will have any recourse through Company to edit or delete any Transmission you have submitted. Company reserves the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not Company, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on the part of Company, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your Transmission, you agree that Company and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials ("Materials") on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the General Counsel at Company (address below) and provide the following information:
A clear statement identifying the works, or other materials believed to be infringed.
A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
Sufficient information about the location of the allegedly infringing Materials so that Company can find and verify its existence.
Your name, telephone number and e-mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
A signature or the electronic equivalent from the Owner or authorized representative.
Company's agent for notice of copyright or trademark issues on the Site can be reached as follows:
ESTRELLA DAMM US CORP
200 S Biscayne Blvd
Miami, FL 33131
Phone 305-764-5559
Company shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Company may use information about your demographics and use of this Site in any manner that does not reveal your identity.
SECURITY
In using this Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.
TERMS OF USE REVISIONS
Company may revise these terms of use by updating this posting. You agree that in the event any portion of these Site terms of use is found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to asansalvadors@damm.es. You may also contact us by writing to ESTRELLA DAMM US CORP, 200 S Biscayne Blvd, Miami FL 33131, or by calling 305-764-5559. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
TERMINATION
The Terms of Use is effective until terminated by either party. You may terminate the Terms of Use at any time by destroying all materials obtained from the Site and all related documentation thereof, whether made under the Terms of Use or otherwise. The Terms of Use will terminate immediately without notice from IAL if in IAL’s sole discretion you fail to comply with any provision of the Terms of Use. Upon termination, you must destroy all materials obtained from the Site, whether made under the provisions of the Terms of Use or otherwise.
PRIVACY POLICY
ESTRELLA DAMM US CORP respects your right to privacy. You can view our privacy policy here.