“EMITI” (Emiti SAPI S.A. de C.V.), makes available to the general public the use of its Website, EMITI.com.mx (“Site”) whose use will be subject to these terms and conditions of use.
The use of the “Site” attributes to the general public the condition of user (hereinafter referred to as the “User” or “Users”) and implies full and unconditional acceptance of each and every one of the general conditions and Individuals included in these Terms and Conditions of Use in the version published by “EMITI” at the moment when the User accesses the Website. If any User does not agree with the Terms and Conditions of Use, “EMITI” suggests that you do not use the Site. Any modification to these Terms and Conditions of Use will be done when “EMITI” considers it appropriate, being the sole responsibility of the User to ensure that they are aware of such modifications.
The “User”, when accessing and / or browsing this “Site” accepts these terms and conditions and is bound to comply with the applicable legislation applicable to the same. The “User” declares that it has full capacity to accept these terms and conditions, either in its own right or on behalf of any physical or moral person, with sufficient powers to do so.
The content of this Site is owned by “EMITI”, a company duly constituted and existing in accordance with the laws of the United Mexican States. The Site is protected by the Federal Copyright Law, the Industrial Property Law and other related laws and international treaties in this area.
The information contained in this Site complies with current Mexican legislation.
Any user who visits the Site from different locations to the United Mexican States does so at their own risk and will be responsible for compliance with the legislation in force and applicable in their country of residence. “EMITI” will not be responsible for the content of the “Site” adheres to the legislation of countries other than the United Mexican States.
These terms and conditions will have full effect as of the date of publication of the “Site” and will remain in force until “EMITI” so determines.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
Acknowledgment 1. of the user and the acceptance of the Terms
The recourse for dissatisfaction with our services or products, contents or other information available in or through our services of our “Site”, IS TO DISCONTINUE USING THE SERVICES.
2. Description of services
We have several services available, including, but not limited to, remote monitoring services and personal emergency response services 24/7 Emiti. You are responsible for providing, at your own expense, all the necessary Clock to use the services (apart from the Clock and sensors that we provide you directly when you subscribe to our Services), including a computer, mobile device (if using our application), Modem and Internet access (including payment for all expenses associated with such access).
We reserve the exclusive right to modify or discontinue the Services, including any particular feature, at any time with or without notice. We will not be liable to you or any third party in exercising that right. Any new application that increases or improves the services in force at that time will also be subject to these conditions of use.
3. Registration of Data and Privacy
In order to access some of our services, you will be asked to use an account and password that can be obtained by completing the online registration form, requesting certain information and data (“Registration Data”), and maintaining And update your Registration Data as necessary. By registering, the “User” agrees that all information provided in the Registration Data is true and accurate, and that you agree to maintain and update this information as necessary to keep it updated, complete and accurate, as the data and Information provided by you will be used at any time of emergency by the 24/7 Emiti service, so “EMITI” is not responsible if the information provided by the “User” is not updated, true or accurate.
4. Code of Conduct
Your use of the Services is subject to all applicable Mexican laws and regulations, and you are solely responsible for the content of your communications through the Service.
By using our “Site”, according to the Terms and Conditions you:
You must use our Site for lawful purposes only and in a manner that does not violate the rights of others or restrict or inhibit the use of our Site by third parties; Shall not engage in any conduct that is unlawful, or that may harass or cause dismay or discomfort to any person.
By using any communication service, room, bulletin board, newsgroups, software library or other interactive service that may be available to you through our “Site”, you agree not to upload, share, publish, or distribute Or facilitate the distribution of any content – including text, communications, software, images, sounds, data or other information – that:
4.1 It is unlawful, threatening, abusive, harassing, defamatory, libelous, misleading, fraudulent, invasive of privacy, offensive, pornographic, obscene, offensive, contains descriptions or sexual acts (including explicit or graphic, but not limited to sexual language Violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
4.2 Victimizes, harasses, degrades or intimidates a person or group of people based on religion, gender, sexual orientation, race, ethnicity, age or disability;
4.3 Infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
4.4 Constitutes unauthorized or unsolicited advertising, spam or mass mailing (also known as spamming), chain letters, any other form of unauthorized solicitation or any form of lottery or game of chance;
4.5 Contain software viruses or any other computer code, files or programs that are designed or intended to alter, damage or limit the operation of any software, the Clock or Telecommunication Clock or to damage or gain unauthorized access to any data or other Information from any third party; or
4.6 Impersonate another person or entity, including any of our employees or representatives.
If you believe that any third party, or any “user” has posted objectionable content, violated the code of conduct or violated the terms of these Terms of Service, please contact [email protected]
We reserve the right to suspend or terminate the Services for any “User” that we have determined to have participated in any of the situations indicated in points 4.1 to 4.6 of these Terms and Conditions of Use. We do not endorse or assume any responsibility for the Content of any material uploaded or sent by third parties or users of our services.
In addition, you may not use your account to violate the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with the use of our service to other users or obtain benefits and benefits from the “Site” or Services provided by “EMITI”. “Users” who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time and in our sole discretion cancel your participation, account, or other affiliation with our Site without notice to you if it violates any of the foregoing provisions. In addition, it recognizes that we will cooperate fully with investigations of system violations or network security elsewhere, including cooperation with police and judicial authorities in the investigation of alleged violations.
Sites and Information 5. Third Parties
This Site may link to other Internet sites or otherwise include references to information, documents, software, materials and / or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and their publications are not under our control, and you acknowledge that we are not responsible for the accuracy, compliance with copyright, legality, decency, or any other aspect of the content of such sites, nor are we responsible for the Errors or omissions in any reference to other parts or their products and services. The inclusion of a link or reference is provided only as a convenience and does not imply knowledge of, or association with, the Site and “EMITI” or party by us, or any warranties of any kind, either express or implied.
6. Intellectual Property Information
Neither we nor our affiliates warrant or represent that the use of materials displayed on or obtained through our services will not infringe the rights of third parties. See below for a description of the procedures to be followed in case any party believes that the content posted on this Site infringes any patent, trademark, trade secret, copyright, publicity right, or other proprietary rights of any part.
7. Unauthorized Use of Materials
Please do not send confidential or proprietary information to us unless we mutually agree otherwise in writing. We are also unable to accept your ideas or unsolicited proposals, so please do not send them to us.
We respect the intellectual property of others, and we ask you to do the same. If you or any “user” of our services considers that your copyright, trademark or other proprietary rights have been infringed by a publication in our services, you or the user must notify our designated agent (as identified below ). To be effective, notification must include:
7.1 Identify in sufficient detail the copyrighted material that you believe has been infringed or other information sufficient to specify the copyright work that has been infringed.
7.2 Identify the material that you believe infringes the copyrighted work mentioned in 7.1 above.
7.3 Provide information reasonably sufficient to allow us to contact you (it is preferable to use an email address).
7.4 Provide information, if possible, sufficient to allow us to notify the owner / administrator of the allegedly infringing website or other content (e-mail address is preferred).
7.5 Include the following statement: “I have a good faith belief that the use of the protected materials described above as alleged infringers is not authorized by the owner of the Registry, its agent or the law.”
7.6 Include the following statement: “I declare, under protest of truth, that the information contained in the notice is accurate and that I am the owner of the copyright or am authorized to act on behalf of the owner of an exclusive right that is allegedly Has infringed. ”
7.7 Sign and send the written communication to the following designated agent for the alleged infringement:
Attention: Compliance Officer.
Guadalajara Jalisco, JAL957758
You acknowledge and agree that upon receiving notice of a copyright infringement claim, it is possible to immediately remove the materials identified from our Site without liability to you or any other party and that the claims of the complaining party and the Party who originally published the materials will be referred to the Mexican Institute of Industrial Property of the United Mexican States for prosecution under the provisions of the Copyright Law of the INDAUTOR.
8. Exclusion of guarantees
EXCEPT AS EXPRESSLY agreed in writing by us, all materials and services are provided “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DETERMINED OR THE WARRANTY OF NON-INFRINGEMENT. Without limiting the foregoing, EXCEPT EXPRESSLY AGREED in writing by us, we make no guarantee that (a) the equipment, services and materials offered by us will also meet your needs, (b) the Clock, SERVICES AND MATERIALS will be uninterrupted, SAFETY OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ERROR CLOCK, (C), SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLOCK, PRODUCTS, SERVICES, OR INFORMATION BOUGHT OR OBTAINED BY YOU Of THE WEBSITE OR our affiliates will either resolve your expectations or be free of errors, errors or defects.
This site may contain technical or other errors, inaccuracies or typographical errors. We may make changes to the Watch, material and services we offer, including prices and descriptions of any product or service appearing in this document, at any time without notice. The materials or services on this site may be out of date, and we do not undertake any obligation to update such materials or services.
We may update our “Site” periodically, and we may change the content at any time. However, please note that any content on our “Site” may be outdated at any time, and we have no obligation to update it.
We do not guarantee that our “Site” or any content therein is free from errors or omissions.
THE USE OF THE SERVICES OR THE DOWNLOAD OR OTHER ACQUISITION OF ANY MATERIAL THROUGH THIS “SITE” IS AT YOUR OWN RISK AND WITH YOUR ACCEPTANCE that you will be solely responsible for any damage to your computer system OR LOSS OF DATA THAT RESULT OF SUCH ACT.
The use of our services and the Clock is limited to the geographical areas in which we serve. “EMITI” disclaims any and all warranties, EXPRESS OR IMPLIED, REGARDING THE USE OF OUR EQUIPMENT OR SERVICES outside the geographical areas in which we serve. You will be solely responsible for any loss, injury, death, damage or other LOSS YOU OR THIRD PARTIES suffer as a result of the USE OF THE SERVICES OR CLOCK outside the geographical areas in which we serve.
Through your use of the “Site”, you may have the opportunity to engage in business transactions with other users and suppliers. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the terms of purchase, payment terms, warranties, maintenance and delivery terms relating to such transactions, were accepted only Between the seller or buyer of such goods and services and you. WE DO NOT WARRANT WITH RESPECT TO ANY TRANSACTIONS CARRIED OUT THROUGH OR IN CONNECTION WITH THIS “SITE”, AND YOU ACKNOWLEDGE AND AGREE THAT THESE OPERATIONS ARE CARRIED OUT AT YOUR OWN RISK. No warranty that is provided in connection with any products, services, materials, or information available through this THIRD PARTY SITE is provided solely by such third party and not by us or our affiliates.
You understand and agree that temporary interruptions of services may occur as normal events. You understand and agree that we have no control over third-party networks that you may access in the course of using our services, and therefore delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that our services are provided “as is” and that we do not assume any responsibility for the delay, erasure, wrong delivery or failure to save any communication from the user, or their personalization criteria.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MORAL, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM A SERVICE FAILURE OR INTERRUPTION, FAILURES OR DEFECTS OR LOSS OF USE, DATA OR BENEFITS OR YOU HAVE NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR CLOCK, SERVICE, SITE, OR ANY Website related or linked from this site.
“EMITI” SHALL NOT BE LIABLE FOR ANY LOSSES, INJURY, DEATH, DAMAGE, OR OTHER LOSSES WHICH YOU OR THIRD PARTIES HAVE CAUSED FOR THE USE OF THE SERVICES OR CLOCK outside the geographical areas in which we serve.
IN ADDITION, WE WILL NOT BE LIABLE IN ANY WAY OF ANY THIRD PARTY PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE OR ATTENDANCE IN CARRYING OUT TRADE TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE TREATMENT OF ORDERS.
Upon your request, you agree to defend and indemnify us and our affiliates from all liabilities, claims and expenses, including attorneys’ fees, arising out of your use of the services or misuse of this Site. We reserve the right, at your own cost, to assume the exclusive defense and control of any matter subject to indemnification on your part, in which case you will cooperate with us to enforce any available defense.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not have access to your account and password. Our staff will ask for your password. You can not transfer or share your account with anyone, and we reserve the right to terminate your account immediately if you transfer or share your account.
12. Participation in Promotions
From time to time, our services may include advertisements offered by third parties. You can enter into correspondence with them or participate in promotions of the advertisers that show their products in our services. Any correspondence or promotions, including delivery and payment of goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We do not assume any responsibility, obligation or responsibility on the part of any correspondence or promotion.
13. EMITI, email, messaging and chat services
We may make electronic mail, messaging or chat services (collectively, “Communications”) available to users of our site, either directly or through a third party provider. We make available to you the separate supplemental agreements that characterize the relationship between you and us which, except as expressly stated or contradictory, include these Terms.
We may use automated or technical surveillance devices to protect our users from unsolicited bulk communications (also known as “spam”) and / or other types of electronic communications that we deem incompatible with our business purposes. However, these devices or techniques are not perfect, and will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have limited storage capacity. If you exceed the maximum allowable storage space, we can use automated devices that eliminate email messages or blocks that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International use and geographical limitations
Although our site may be accessible throughout the world, we make no representation that the materials on our site are appropriate or available for use in locations outside the United States of Mexicano, and access them from territories where its content is illegal is prohibited.
Our services are available only in certain geographic areas. Please visit our site constantly to inquire about the availability of our different services. Our Watch is not designed for use and operating properly outside the geographical areas in which we provide our service. In particular, our personal Watches will not work outside the geographical areas in which we serve. By subscribing to any of our services, the “user” agrees to use our Watches, only within the geographical areas in which we provide our service, and you agree that we are not responsible for any loss, damage, injury or death resulting from Lack of services o Clock. Any offer of any product, service and / or information made in connection with our services is void where prohibited.
15. Impediment of use
With termination or suspension, to the right to use our Services, the service ceases immediately, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and / or prohibit any further access to such services. Files or our services. We will not be liable to you or any third party for any claim or damages arising out of any termination or suspension or any other action taken by us in connection with such termination or suspension.
16. Administration Law
This site (excluding linked sites) is controlled by us from our offices in the State of, United States of Mexico. It can be accessed from all 32 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Jalisco, through access to our services both parties agree that the statutes and laws of the State of Jalisco, without regard to conflicts of legal principles and the Convention Of the United Nations on international sales of goods shall apply to all matters relating to the use of our services and the purchase of products and services available through our services. Each of us agrees and is hereby submitted to the personal and exclusive jurisdiction of any court of competent jurisdiction within the State of Jalisco with respect to these matters.
All notices to one of the parties will be made in writing and will be done either by email or conventional mail (unless you are a registered user, in which case notifications can be provided through your account). Notifications or doubts about our product or service should be sent to the customer’s attention at [email protected], if it is by email.
Guadalajara Jalisco; Attention: Customer Service, if by regular mail. Notices may be sent to the email address or postal address provided by you as part of your Registration Data. In addition, it is possible to transmit notices or messages through the “Site”, our applications or your account to inform you of changes in the “Site” or other matters of importance, and such emissions will notify you at the time of shipment.
18. Complete agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purpose any part of this “Site”, or the use of or access to our services.
In addition to any excuse provided by applicable law, “EMITI” shall not be liable for non-delivery or delay in delivering products and services available through our “site” arising from an event outside our control, whether or Not foreseeable by any party, including but not limited to, labor unrest, war, fire, accident, bad weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our control, whether Or not similar to those listed above.
AGREEMENT Subscription EMITI
THIS is a legally binding agreement between you and “EMITI”. By ordering or using our system, you accept all the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, you should not register on our site or use our services.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” refer To such entity. If you do not have such authority, you should not proceed with the registration process or use our Site or Service.
1. HOW TO USE THIS AGREEMENT
In order for our objective with this Agreement to be as readable and understandable as possible. Despite some use of inevitable legal terminology, we use the Spanish plain and ordinary language where appropriate. We invite you to read this Agreement carefully before using our services.
Words that are capitalized have the specific meanings set forth in the “Definitions” section below.
If you purchase our services for use by another person (such as a parent or loved one), that person is considered a “user” of the system under this Agreement. All users of our services are third-party beneficiaries to this Agreement and are subject to all terms in this document, such as our disclaimers and limitations of liability.
“Agreement” means this Subscription Agreement and any order placed through our Site or your EMITI account.
“Customer Information” means billing, contact and user information that you provide to us for your EMITI account.
“Clock” means the sensors that collect information from all over the country and communicate through the network with the EMITI servers.
“EMITI”, “we” or “we” means EMITI, which operates as “EMITI”.
“Network” refers to the cellular communications network that allows the Clock at home to communicate with the EMITI servers.
“Order” means your request to purchase services and Watch on our Site through your EMITI account.
“Clock” means that clock signals are electronically routed to a monitoring agency for help. Our watch includes an emergency response trigger, which is a small button on the watch that the user presses and activates to send a signal to the monitoring agency. The EMITI Clock accepts an electronic signal that generates the activation of the monitoring and supervision and other pre-designated receivers through a service in the cloud.
“Services” means the Clocks and services of the personal emergency response system provided by EMITI.
“Services” means the remote monitoring services provided by EMITI under this Agreement and PERS Services.
“Site” means that our website located at EMITI.com.mx
“System” means the EMITI monitoring system which uses sensors throughout the user’s seating area, a concentrator device that collects information from the sensors, the network that collects the information through the mobile data connection, and the system EMITI that collects information and allows you to access it through your EMITI account.
“User” means you or anyone other than you who is a system user. If you install the system in the home of a friend or family member, household members automatically consider themselves “Users” under this Agreement.
“You” means a person or entity that purchases Watches and services under this Agreement.
We offer our services through subscription. During the term of this Agreement we will offer Services in accordance with your order and this Agreement. Depending on the subscription purchased, and subject to availability.
The EMITI System is not intended for diagnosis or as a substitute for medical care for patient monitoring. It is not intended to provide automated treatment decisions, nor is it to be used as a substitute for professional health judgment. Our system should not be relied upon as an indicator of health or well-being. The system is not intended to provide data in real time and is not suitable for users requiring direct medical supervision or emergency intervention.
4. ACTIVATION, PAYMENT AND RENEWAL
4.1 Your purchase. You agree to purchase the Watch and subscribe to the services as described in your order. You authorize us to charge your credit card for the purchase price and taxes on the Watches and services.
4.2 Installation. We will send you the Clock described in your order. You are responsible for activating the Clock and activate the system according to the instructions that we provide. OUR WATCH IS NOT INTENDED TO BE USED WITH OTHER INSTITUTIONS. It is your responsibility to obtain and maintain in force all permits, authorizations, permits or licenses that may be necessary for and operation of the EMITI system. The clock is being monitored electronically on a periodic basis for certain communication failures. If EMITI identifies a communication failure, an alert will be sent to the previously designated recipients.
4.3 Activation. The services will not begin and we will have no obligation to process the information received from the System until we have received and processed (1) a copy of this agreement electronically signed by you, (2) your completed Order and (3) the initial payment or Deposit, if necessary.
4.4 subscription fees. Our services are offered on a subscription basis. You agree to pay subscription fees for the original term as set forth in your order. If you renew your subscription, you agree to pay the subscription fees below, applicable to the renewal conditions.
4.5 Automatic payment. You authorize and agree that all amounts due to EMITI under this Agreement, including the purchase price, activation fee and all subscription fees, must be paid by debit card, credit card in accordance with Credit card information you have already provided during your order via EMITI.com.mx account. If your credit card payment is not accepted, you can: (i) pay the claim and agree to pay the amount owed; And / or (ii) elect to terminate this Agreement by note. Such termination does not exempt you from your obligation to pay for services rendered prior to such termination.
4.6 Automatic renewal. After making your subscription the Service will be automatically renewed on a month-to-month basis at our current subscription commission rate, we reserve the right to increase the subscription fee for any renewal period. You can cancel the Services in accordance with Section 5.2 if you no longer wish to pay for services.
4.7 Taxes; The costs of third parties. You agree to pay all sales, services, property, use, value added or other local taxes applicable to your purchase and use of the Watches and services. If you or any user incurs third party costs in connection with the use of our services (such as utility bills, medical expenses, ambulance or paramedic charges, permit fees, etc.), you agree that you will have to pay such costs Costs and “EMITI” is not responsible for the payment of those amounts, whether imposed on you or us.
5. CANCELLATION; TERMINATION; RETURNS
5.1 Cancellation. You can cancel your order within 60 days from the date of your order to the customer service department and return the Watch to us, the postage paid.
5.2 Termination. If you have paid the initial cost or the Clock in advance, then you can cancel your subscription at any time by giving written notice through your EMITI account or by contacting EMITI customer service. If you do not notify us of your desire to terminate the EMITI service, we will continue to provide the services and will continue to charge the service month by month, until the end of the agreed term. If you are on a month-to-month subscription, we will continue to provide services, and will be obligated to pay, until the end of the current month at that time. We may terminate your service at the end of the original term or any renewal term giving at least 60 days prior written notice.
However, if you have not paid an initial advance fee, and have agreed a multi-month / year contract in exchange for the initial zero payment, you can only terminate the service on the first of: ) The total payment of the cost of the Clock; Or (ii) expiration of the contract of several months / years.
We reserve the right to suspend services and / or terminate or suspend this agreement immediately without notice if you fail to pay the amounts due, you are denied the method of payment or you or any violation of the users of this Agreement . If the Service is suspended or terminated for any reason, and you ask us to reactivate the service, we may require the advance payment of a reconnection fee. You understand that we may stop or suspend the Services for any of the following reasons: (a) strikes, bad weather, earthquakes or other events beyond our control affect the operation of the Network or seriously damage its facilities than continuous services; (B) there is an interruption or unavailability of the mobile telephone service that connects the Clock to the network, (c) you do not pay any amount due, (d) we are not able to service the cause Of any type of action or resolution by any cellular company, governmental authority or other third party, and (e) for any other reason, determined in good faith by us.
In no event shall we be liable for damages or subject to any penalty as a result of our exercising the right to suspend or terminate this Agreement. Your subscription will not survive the expiration or termination of this Agreement, but all disclaimers of warranties, limitations of liability and liability, exclusions of damages and other remedies, and the rights of compensation set forth in this Agreement will survive expiration or termination.
5.3 Termination In case of death or other difficulties. In case of death or other difficulties. All services must end with user death (by death proof, death certificate) or other difficulties (as may be determined by EMITI). If the user pays for the Clock in advance, then the services will be resolved if notification of user death or in determining the difficulty of EMITI; And if the user pays for the Clock in installments, then the services will be resolved if the total payment for the Clock.
5.4 Refunds. If you cancel during the cancellation period described in Section 5.1, we will refund the advances or deposits made on your credit card on our receipt of the entire Clock in good condition (EMITI has the right to compensate for any damages to Clocks of any refund). After the end of the cancellation period described in Section 5.1, all sales are final and all payments are non-refundable.
6. YOUR EMITI ACCOUNT
6.1 Access to the account. We will provide you with the opportunity to create a password-protected online account on our site, through which you can manage your account and change or cancel your subscriptions. You are responsible for maintaining the confidentiality of your username, password, and user password, and you are responsible for all uses of user, password, and user codes, and any related changes, whether or not authorized by you. It is also responsible for keeping all contact information (including billing information, email addresses and telephone numbers) up-to-date and accurate.
6.2 The responsibility of the users. If you purchase our services for use by another person (such as a parent or loved one), that person is considered a “user” of the Services pursuant to this Agreement. All users of the services are third-party beneficiaries to this Agreement and are subject to all terms in this document, including, without limitation, our disclaimer of warranty and limitation of liability. You agree that, whenever this Agreement or our rules or regulations impose any user requirement or prohibition, you will cause all other members of your household or business and any other person to have access directly or indirectly through you, For compliance and shall be responsible for any breach by such user. You must notify all other persons who may use the system who are bound by the terms and conditions of this Agreement.
PROVIDE our services. You agree that you must obtain any type of life, health insurance or disability FOR THE PROTECTION OF ALL USERS OF THE SYSTEM. YOU ACKNOWLEDGE AND AGREE THAT OUR SYSTEM DOES NOT SUBSTITUTE for the 065 emergency telephone service and has selected the Services with a full understanding of its limitations. You also acknowledge and agree that you have selected the services with full understanding of the limitation of our liability IN SECTION 9.
Care of the user 8.6 Clock: The repairs and additions. The user agrees not to alter, remove or interfere with the Clock. User agrees to bear the cost of repairs, replacement, relocation or additions to the Clock made necessary as a result of any painting, alteration or damage, including damage caused by unauthorized intrusion to the premises, lightning or surges of tension, except for the Normal wear and tear by use, in which case repair or replacement will be taken by EMITI at your expense.
8.7 user make sure the entire Clock. The user must ensure EMITI Watches including personal watch (in this section 8.7 of the “Clock”) against fires and accidents and the name EMITI in said insurance policy as “beneficiary of the loss” at least to the measure of the value of the Clock that is the greater of MXN $ 6,999.00 and the 12 months of subscription fees. The user will be responsible for any damage caused by fire or chance and the cost of replacing or restoring the Clock.
9. LIMITATION OF LIABILITY
Under no circumstances shall we or our officers, directors, shareholders, suppliers, contractors, employees or affiliates be liable to you or any user, whether in contract, tort or mechanical, incidental, consequential, special or exemplary. Such damages are foreseeable, EITHER OR NOT BEING PART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) DERIVATIVES OF ANY ASPECT OF THE RELATIONSHIP ARE SET OUT.
You understand that: (a) we are not an insurance company of your health condition or the personal safety or health, safety or personnel of persons who may use the Services; (B) you are solely responsible for providing any type of life, health or disability insurance to you and persons using the system or Services, and insurance of your facilities and contents; (C) The amount you pay us is based solely on the value of the system and the services we offer; (D) Notification systems may not always operate properly for a variety of reasons; And (e) it is difficult to determine in advance what part, if any, of any personal injury or death or loss of property that would be caused directly by our failure to perform, our negligence, or a failure of the system or the Services. Therefore, you agree that even if a court decides that our breach of this Agreement, a failure of the system or the Services or repair services, or our negligence caused or are allowed any harm or damage (either Personal injury, death or loss of property) that a user or any person in or on the premises where the system is installed, we agree that our total liability shall be limited to the greater of (i) $ 1,000.00 And (ii) the amount paid by you for the Service during the last 12 months. You further agree that this will be the only remedy regardless of legal theory (including, without limitation, negligence, breach of contract, breach of warranty or product liability) used to determine that we were responsible for the production of the damage.
You expressly acknowledge and acknowledge that the foregoing limitations of the form ACTUALLY RESPONSIBILITY of the negotiations between the parties and will apply even when a remedy LIMITED NOT to its essential purpose or if it is considered inconceivable.
NOTE: Some states do not allow the exclusion or limitation of consequential or incidental damages, OR SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If a user, insurance company or other third party requests indemnify, we contribute or do not pay for any damages or damages (including personal injury, death or loss of property) connected with or resulting from (i) our breach of this Agreement, Ii) any failure of the system or the Services or (iii) our negligence or other act or omission in the provision of the system or Services, you agree to reimburse our request for any amount that a court orders us to pay or Which you agree to pay (including the amount of reasonable attorneys’ fees and any other
Losses or costs that we may pay in connection with the claim).
In addition, the user authorizes the disclosure of the medical information provided to EMITI to the 24/7 Emiti care center, law enforcement, emergency medical or rescue personnel in case the user uses personal rescue services (Including police, fire and paramedics) who are issued to assist the user. EMITI will not disclose any medical information provided by you for any other reason or purpose unless required for the user’s good or by law or law enforcement.
12.1 Severability. If a court of competent jurisdiction finds any provision of this agreement unlawful or unenforceable, that provision shall apply to the maximum extent permissible to maintain the intent of the parties and the remainder of this Agreement shall continue in full force and effect. You and EMITI intend that all use restrictions, warranty disclaimers, liability and liability limitations, damages exclusions or other remedies, and the indemnity rights of EMITI in this Agreement shall be respected and enforced to the maximum extent permitted by the law.
12.2 Full agreement. This Agreement (including orders referring to this Agreement) constitutes the entire agreement between you and EMITI. By signing this Agreement, you affirm that you are not relying on our advice, advertisements, or any other representation, promise, condition, incentive, or warranty, express or implied, of any person who is not expressly and specifically established In writing in this Agreement.
12.3 Assignment. We reserve the right to assign this Agreement or subcontract any of our obligations without prior notice and without obtaining your consent. You may not transfer this Agreement to another person (including someone who buys or rents your facility) unless you approve the transfer in writing.
12.4 Subcontractors. We can use subcontractors to provide repairs and other services. The provisions of this Agreement (including, without limitation, sections 8 and 9) shall apply to them and the work they perform and protect them to the same extent as they apply to and protect us.
12.5 Applicable law and jurisdiction. The validity, interpretation and execution of this Agreement is controlled and interpreted according to the laws of the State of Jalisco, since it is performed in its entirety within the state and without giving effect to the principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any dispute between the parties in connection with this Agreement shall be subject to the exclusive jurisdiction and applicable laws of the state and federal courts located in the State of Guadalajara Jalisco.
12.6 Third party beneficiary. You agree that each user in the household in which you install the system or services is a third party beneficiary of this Agreement. All users will be bound by the terms and conditions of this Agreement and may comply with the terms and conditions of this Agreement that apply to users. Contractors that we use to provide assurance of support or other services are also third-party beneficiaries of the corresponding provisions of this Agreement.
12.7 Warnings. If you or you wish to give the other notes of the parties written under this Agreement, they must be (a) in writing, (b) if you, sent to your registered email address with us (or posted on your EMITI account if no e-mail address is in the file), (c) if to us, sent by fast courier, certified or registered mail, or other reliable means (with acknowledgment of receipt) to our main business address Listed on our site. Notifications will be effective upon delivery.
12.8 Force Majeure. To the extent that the performance of either party is prevented or delayed, in whole or in part, for reasons beyond the reasonable control of that party, EMITI shall not be liable for non-performance, provided compliance is resumed As soon as possible after the dilatory performance ratio no longer exists.
12.9 Electronic Agreement. For convenience, this Agreement is published online and made available as part of the ordering process at EMITI.com.mx. By clicking “Accept”, check the box or do not give consent during the ordering process, you and we agree to be bound by this Agreement to the same extent as if you and you had manually executed a hard copy of this Agreement.
VERSION Date: August 2016