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NOTICE.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE
AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT
ACCESS THIS SITE, OR ANY PAGES THEREOF.
BANCO
POPULAR de Puerto Rico and/or its affiliates (“BANCO POPULAR”) provide
their Puerto Rico Business Directory (the "Service") to you via
www.PlazaPop.com (the "Site"). You agree to use the Service in
compliance with all applicable laws and regulations and in accordance
with the following notices, terms and conditions (the "Terms of Use").
GENERAL
By using the Service, you agree to be legally bound and to abide by the
Terms of Use, as if you had signed this agreement. If you do not agree
to these Terms of Use, please do not use this Site. BANCO POPULAR may,
in its sole discretion and without prior notice or liability,
discontinue or alter any aspect of the Service. Upon notice published
through the Site or otherwise, BANCO POPULAR may modify these Terms of
Use at any time. Any use of the Service by you after such notice shall
be deemed to constitute acceptance of such modifications.
PROPRIETARY RIGHTS
All content included on this Site, such as text, logos, button
icons, graphics, images, audio clips, software and any other material is
the property of BANCO POPULAR or its content providers and protected by
Puerto Rico, United States and international copyright laws and/or
applicable intellectual property laws. The compilation (meaning the
collection, arrangement, and assembly) of all content on this Site is
the exclusive property of BANCO POPULAR and protected by Puerto Rico,
United States and international copyright laws and/or applicable
intellectual property laws. All software used on this Site is the
property of BANCO POPULAR or its software licensors and protected by
Puerto Rico, United States and international copyright laws and/or
applicable intellectual property laws. Except as expressly authorized by
BANCO POPULAR, you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit or create derivative works from such materials or content.
The
content and software on this Site may be used as a shopping resource.
You may only print or download one copy of the materials or content on
this Site on any single computer only for your personal, non-commercial
use, provided you keep intact all copyright and other proprietary
notices. Systematic retrieval of data or other content from this site to
create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from BANCO POPULAR is
prohibited. This Site or any portion of this Site may not be reproduced,
duplicated, copied, sold, resold, or otherwise exploited for any
commercial purpose that is not expressly permitted by BANCO POPULAR. In
addition, use of the content or materials for any purpose not expressly
permitted in these Terms of Use is prohibited. BANCO POPULAR reserves
the right to refuse service, terminate accounts and/or cancel orders in
its discretion, including, without limitation, if BANCO POPULAR believes
that your conduct violates these Terms of Use or applicable law, or is
harmful to the interests of BANCO POPULAR.
MERCHANTS’ RESPONSIBILITIES
Each individual merchant participating on PlazaPop.com is
responsible for setting and explaining its individual shipping, return,
security, privacy and other policies applicable to shopping in its
stores and purchasing its products or services. BANCO POPULAR does not
guarantee, warrant or endorse any product or service sold by a merchant
through the Site nor do we have any liability or responsibility for the
quality or performance of any product or service sold to you by any
merchant. The purchase of any product or service from a merchant using
the Service is a transaction solely between you and that merchant, and
any question or dispute you may have regarding any such product or
service should be addressed directly to the responsible merchant. BANCO
POPULAR has no responsibility or liability for any merchant or your
relationship with any merchant. You are responsible for paying the
entire amount due on your purchase, including any applicable taxes,
shipping and other charges assessed by the merchant. With respect to
applicable taxes, the merchant will advise you subsequently of the exact
amount of tax due on your purchase. BANCO POPULAR has no responsibility
whatsoever for any miscalculation or omission by a merchant of
applicable taxes on any sale.
BANCO
POPULAR also does not guarantee, warrant, endorse or otherwise have any
responsibility for any advertisement, contest, sweepstakes, promotion or
any other type of marketing made available to you by a merchant. Any
such advertisement, contest, sweepstakes, promotion and marketing are
being offered solely by the merchant and are entirely the responsibility
of such merchant. Any question or dispute that you may have regarding
any of the foregoing should be addressed directly to the responsible
merchant.
INTERNATIONAL USE
BANCO POPULAR makes no representation that materials on this Site are
appropriate or available for use in locations outside Puerto Rico, and
accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this Site from other locations do
so on their own initiative and are responsible for compliance with local
laws.
RISK
OF LOSS
The risk of loss and title for all items
you purchase through the Site will pass to you upon the merchant’s
delivery to the carrier.
THIRD
PARTY SITES
The links on BANCO POPULAR's
PlazaPop.com, including, without limitation, the merchant links, will
cause you to leave the Site. These other sites are not under the control
of BANCO POPULAR and you acknowledge and agree that BANCO POPULAR is not
responsible for the availability of such external sites and is not
responsible or liable for the contents, advertising, products, services
or other materials on or available from any linked site or any link
contained within a linked site. BANCO POPULAR is providing these links
to you as a convenience, and the inclusion of any link does not imply
endorsement or guarantee by BANCO POPULAR or PlazaPop.com of any
products or services offered for sale by merchants.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BANCO POPULAR ON AN "AS IS" AND “AS AVAILABLE”
BASIS AND YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN
RISK. BANCO POPULAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE ACCURACY OR
RELIABILITY OF INFORMATION, CONTENT OR MATERIALS, OR THE QUALITY OR
PERFORMANCE OF PRODUCTS OR SERVICES DISPLAYED ON THIS SITE OR PROVIDED
THROUGH OR IN CONNECTION WITH THE SERVICE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, BANCO POPULAR DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER BANCO POPULAR NOR ITS
AFFILIATES, CONTENT PROVIDERS OR SOFTWARE LICENSORS SHALL BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES, BY WAY OF
EXAMPLE AND IN NO WAY LIMITS THE GENERALITY OF THE FOREGOING, TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR UNAUTHORIZED
ACCESS, ALTERATION OF OR USE OF A RECORD, WHETHER THROUGH BREACH OF
CONTRACT, NEGLIGENCE OR ANY OTHER THEORY OR CAUSE OF ACTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT NEITHER BANCO POPULAR NOR ITS AFFILIATES,
CONTENT PROVIDERS OR SOFTWARE LICENSORS SHALL BE LIABLE FOR THE
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
Some
jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, the foregoing disclaimers may not apply to you insofar as
they relate to implied warranties.
INDEMNIFICATION
You agree to indemnify and hold harmless BANCO POPULAR, its content
providers and software licensors from and against any damages, including
without limitation reasonable attorneys' fees and court costs, that may
arise from your breach of these Terms of Use.
APPLICABLE LAW
This Site is created and controlled by BANCO POPULAR in the island of
Puerto Rico. Accordingly, the laws of Puerto Rico, without regard to
conflicts of laws principles, will govern these Terms of Use. You agree
to the exclusive jurisdiction of the courts located in Puerto Rico for
any claim or action arising out of or relating to these Terms of Use or
your use of this Site, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
SEVERABILITY AND INTEGRATION
These Terms of Use constitute the entire agreement between you and BANCO
POPULAR with respect to this Site and supersedes all prior or
contemporaneous communications and proposals (whether oral, written, or
electronic) between you and BANCO POPULAR with respect to this Site. If
any part of these Terms of Use is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and effect.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BANCO POPULAR BE LIABLE FOR ANY DAMAGES, CLAIMS OR
LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY,
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN
CONNECTION WITH: (I) THE SERVICE; (II) ANY FAILURE, DELAY OR DECISION BY
BANCO POPULAR IN ADMINISTERING THE SERVICE; (III) TECHNICAL FAILURES,
WHETHER MECHANICAL OR CAUSED BY HUMAN ERROR; OR (IV) THE PURCHASE, USE
OR MISUSE OF ANY MERCHANDISE, PRODUCTS OR SERVICES OF MERCHANTS, EVEN IF
BANCO POPULAR, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES.
In some
jurisdictions, limitations of liability are not permitted. In such
jurisdictions, the foregoing limitation may not apply to you.
Under no
circumstances shall BANCO POPULAR be held liable for any delay or
failure in performance resulting directly or indirectly from acts of
nature, forces or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, flood, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat,
light or air conditioning.
TERMINATION AND MODIFICATION
You agree that BANCO POPULAR may modify these Terms of Use at any time
and that posting of these Terms of Use on the Site constitutes adequate
notice to you of any changes or modifications, and it is your
responsibility to check these Terms of Use periodically. BANCO POPULAR
reserves the right to, in its sole discretion, terminate the Service at
any time. You further agree that BANCO POPULAR shall not be liable to
you or to any third party for any modification, suspension or
termination of the Service. |