TERMS AND CONDITIONS OF USE
Use by a Visitor to this website is the Visitor’s: (a) acceptance of these Terms and Conditions of Use of
this website, and (b) acknowledgment and representation to Us that the Visitor is 18 years of age or
older. Listing on our website of Pornographic products and services, animals, food and beverages
(including, but not limited to beverages containing alcohol), medicine, drugs, gum, tobacco and
firearms are strictly prohibited.
IMPORTANT NOTICE: WE ARE A LISTING SERVICE ONLY. WE DO NOT OFFER ANY WARRANTIES,
EXCHANGES OR REFUNDS ON GOODS AND SERVICES LISTED ON OUR WEBSITE. ALL GOODS AND
SERVICES BOUGHT AS A RESULT OF SUCH LISTINGS ARE PURCHASED 'AS IS' AND 'WHERE IS,'
ARE FINAL SALE AND PURCHASED SOLELY AT BUYER'S RISK
These Terms and Conditions of Use (“Agreement”) is the legal contract under which Visitors to Our Website
are authorized to use Our Website and to list products and services owned by the Visitor placing such listing.
This Agreement contains the rights, obligations and duties of both Our Visitors and Hey Anuncialo Inc., a
Florida corporation. Visitors listing products or services on Our Website are also referred to as Customers or
Advertisers.
For convenience, Hey Anuncialo Inc. includes itself and all other entities and uniform resource locators
(“URLs”) under which Hey Anuncialo Inc. does business. For the purpose of this Agreement, Hey Anuncialo
Inc. will be referred to by such name or as “We,” “Us,” “Our,” or "Company." You, Our Visitor, will be referred to
as such or “You,” “Your” or “Customer” and this description will apply to both individuals and legal entities.
INTELLECTUAL PROPERTY
Content on Our Website is protected by the copyright, trademark, and other laws of the United States of
America and the State of Florida. No rights are granted to You except as provided in this Agreement. We either
own or license all copyrights, trademarks, technology and all other intellectual property rights (collectively,
“Intellectual Property”) pertaining to the functionality of Our Website and that are displayed on Our Website. All
rights are reserved to Us or the respective licensors of Intellectual Property used by Us. You may not copy or
make use (other than in conjunction with Your use of Our Website) or seek to reverse engineer any of Our
Intellectual Property. All copyright and trademark rights to the merchandise offered on Our Website remains
with Us or the owners of such copyrights or trademarks, and any Customer purchasing such merchandise is
granted only a non-exclusive license to use such copyrights or trademarks forming a part of the merchandise
for personal, non-commercial purposes only.
LISTINGS AND ADVERTISING ON OUR WEBSITE OR SHOPPING CART
We offer both listing and advertising services. Advertising services may include banner ads and "pop-up" ads.
We are not responsible or liable for the content of listings and advertising on our website. Parties advertising
and placing listings on Our Website are solely responsible for such listings advertising and may own all
intellectual property rights contained in such advertising.
AUTHORIZATION TO CHARGE VISITORS CREDIT OR DEBIT CARDS
We use a shopping cart to process orders placed through Our Website. Visitors using a credit or debit card to
place listings or advertising on our website hereby (a) represent and warrant to Us that the use of such credit
or debit card is authorized by the cardholder and (b) authorize Us to process such orders and charge such
credit or debit card.
ORDERS PLACED THROUGH OUR WEBSITE
We may ship merchandise directly to Customers. In such instances, all orders are shipped FOB Our shipping
location. Risk of Loss passes to Customer upon shipping. We are not liable for any errors in goods or services received or delivery issues including, but not limited to, damage in transit or failure to receive an order on time,
or at all, or any damage to merchandise shipped to Customers. We disclaim any and all liability relating to the
placement and shipping or delivery of orders. All orders to purchase merchandise shown on Our Website or
shopping cart are subject to Our approval, which approval is in our sole and exclusive discretion. We reserve
the right to limit quantities of Merchandise sold through Our Website or shopping cart.
DISCLAIMER OF WARRANTIES / LIMIT OF LIABILITY / PRODUCT IMPROVEMENTS.
WE DO NOT MAKE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR CONDITION, PERFORMANCE, SUITABILITY
OR DESIGN OR CONFORMITY WITH OR TO ANY LAW, RULE, REGULATION, AGREEMENT OR
SPECIFICATION, OR OF INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK,
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. THE USE OF OUR WEBSITE, ITS
CONTENT, INCLUDING IMAGES, IS LICENSED TO THE VISITOR “AS IS” AND WITHOUT ANY
REPRESENTATION THAT OUR WEBSITE AND SHOPPING CART WILL WORK ON ANY PARTICULAR
COMPUTER, COMPUTER OPERATING SYSTEM OR PLATFORM OR THAT OUR WEBSITE DOES NOT
CONTAIN ANY MALICIOUS CODE, INCLUDING, BUT NOT LIMITED TO ANY AND ALL “VIRUSES” OR
“TROJAN HORSES.”
WE SHALL HAVE NO LIABILITY TO ANY VISITOR (OR ANY OTHER PERSON OR ENTITY ACTING
THROUGH OR ON BEHALF OF A VISITOR OR TO ANY OTHER PERSON OR ENTITY CLAIMING TO BE
A THIRD PARTY BENEFICIARY, INCLUDING, BUT NOT LIMITED TO, FAMILY MEMBERS OR
EMPLOYEES OF A VISITOR), NOR SHALL WE, OUR SHAREHOLDERS, MEMBERS, AGENTS
(INCLUDING OUR ATTORNEYS, EMPLOYEES, DESIGNERS, DEVELOPERS AND CONSULTANTS) BE
RESPONSIBLE OR LIABLE FOR ANY LOSS, CLAIM OR DAMAGE OF ANY KIND CAUSED OR ALLEGED
TO BE CAUSED DIRECTLY OR INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY, BY USE OF
OUR SERVICES (INCLUDING THE HOSTING BY US OF A PRODUCT, SERVICE OR ADVERTISING
APPEARING ON OUR WEBSITE AND SHOPPING CART), WHETHER KNOWN, UNKNOWN OR
KNOWABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, BY ANY INCIDENT
WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR SERVICE
OR MERCHANDISE OFFERED FOR SALE ON OUR WEBSITE WHETHER IN STRICT LIABILITY,
CONTRACT, OR TORT, OR UNDER LAWS RELATING TO INTELLECTUAL PROPERTY RIGHTS OR
UNFAIR COMPETITION. NO RIGHTS OR REMEDIES CONTAINED IN THE UNIFORM COMMERCIAL
CODE ARE CONFERRED ON VISITORS. THE MAXIMUM AMOUNT OF DAMAGES THAT MAY BE
AWARDED AGAINST US, OUR SHAREHOLDERS, MEMBERS, AGENTS AND EMPLOYEES (INCLUDING
OUR ATTORNEYS, DESIGNERS AND CONSULTANTS), SHALL BE THE LESSER OF THE PRICE PAID
FOR MERCHANDISE PURCHASED THROUGH OUR WEBSITE OR SHOPPING CART OR THE PRICE
PAID BY A VISITOR FOR THE USE OF OUR SERVICES AND THIS LIMITATION OF DAMAGES SHALL
APPLY TO ALL CAUSES OF ACTION REGARDLESS OF HOW PLEAD, INCLUDING BUT NOT LIMITED
TO, TORT, CONTRACT OR STRICT LIABILITY OR STATUTORILY OR UNDER THE COMMON LAW.
WITH RESPECT TO CONTENT ON OUR WEBSITE AND SHOPPING CART, INCLUDING CONTENT
PROVIDED BY THIRD PARTIES, ALL VISITORS ARE HEREBY NOTIFIED THAT THE INFORMATION
CONTAINED ON OUR WEBSITE AND SHOPPING CART IS FOR GENERAL PURPOSES ONLY. SOME
OF THE INFORMATION MAY BE FROM THIRD PARTY VENDORS, PROFESSIONALS AND OTHER
USERS, INCLUDING ADVERTISERS. WE TRY TO KEEP INFORMATION MADE AVAILABLE BY US ON
OUR WEBSITE AND SHOPPING CART UP-TO-DATE. WE DISCLAIM ANY OBLIGATION TO YOU TO
VERIFY THE ACCURACY OF SUCH THIRD PARTY CONTENT OR ADVERTISING AND YOU ARE
EXPRESSLY INFORMED THAT WE DO NOT VERIFY ACCURACY OF CONTENT OF SUCH CONTENT.
YOU SPECIFICALLY RELEASE US FROM ANY CLAIMS THAT YOU MAY HAVE NOW OR IN THE
FUTURE BECAUSE OF SUCH ADVERTISING, AND REPRESENT TO US THAT IT IS YOUR OBLIGATION
ALONE TO CHECK THE ACCURACY OF SUCH CONTENT, INCLUDING CLAIMS THAT AN ADVERTISER MAY MAKE IN ADVERTISING APPEARING ON OUR WEBSITE. WE ARE NOT RESPONSIBLE OR
LIABLE FOR SUCH ADVERTISING AND THIRD PARTY CONTENT. SUCH THIRD PARTIES AND
ADVERTISERS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.
WE TRY TO KEEP INAPPROPRIATE CONTENT, INCLUDING PORNOGRAPHIC CONTENT, OFF OUR
WEBSITE AND SHOPPING CART, AND RESERVE THE RIGHT, IN OUR SOLE AND COMPLETE
DISCRETION TO REMOVE ANY CONTENT THAT WE BELIEVE INAPPROPRIATE FOR ANY REASON,
OR FOR NO REASON. IF SUCH CONTENT IS REMOVED, NO REFUND WILL BE GIVEN.
ACCORDINGLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY
WITH RESPECT TO THE WEBSITE AND SHOPPING CART OR THE INFORMATION, MERCHANDISE,
SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE AND SHOPPING CART FOR ANY
PURPOSE. ANY RELIANCE A VISITOR PLACES ON SUCH INFORMATION IS THEREFORE STRICTLY
AT THE VISITOR’S OWN RISK. LINKS TO THIRD PARTY WEBSITES ARE NOT TO BE TAKEN AS OUR
ENDORSEMENT OF SUCH WEBSITES OR THE CONTENT ON SUCH WEBSITES. SUCH CONTENT IS
NOT UNDER OUR CONTROL. WE HAVE NO CONTROL OVER THE NATURE, CONTENT AND
AVAILABILITY OF THOSE SITES.
WE CONSTANTLY ARE IMPROVING THE SERVICES WE OFFER. WE DISCLAIM ANY OBLIGATION TO
INFORM VISITORS AND PREVIOUS VISITORS OF SUCH IMPROVEMENTS.
WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO (a) ACCEPT OR DECLINE
LISTINGS OR ADVERTISING AND TO DISCONTINUE SUCH LISTINGS OR ADVERTSING, (b) CHANGE
PRICES FOR ANY AND ALL OF THE SERVICES OFFERED ON OUR WEBSITE AND SHOPPING CART
AND (c) DISCONTINUE ANY AND ALL SERVICES OFFERED ON OUR WEBSITE AND SHOPPING CART
AT OUR SOLE DISCRETION AND WITHOUT NOTICE.
PROHIBITED USE
You are not to use Our Services other than as authorized by this Agreement. All rights not expressly granted to
You by this Agreement are expressly reserved to Us.
In addition to the prohibitions specified elsewhere in this Agreement, Visitors are prohibited from any of the
following actions which include, but are not limited to:
- The use of Our website, shopping cart and merchandise for unlawful purposes.
- Duplicating by any means any of services except as specifically authorized by this Agreement.
- Listing on our website of Pornographic products and services animals, food and beverages (including,
but not limited to beverages containing alcohol), medicine, drugs, gum, tobacco and firearms are
strictly prohibited.
INDEMNITY
Should Company, its shareholders, directors, members, officers, agents, consultants, designers, employees
and/or attorneys be exposed to any claims, damages, litigation or liability by use of merchandise or services by
You or anyone acting by or through You including a breach by You of the terms of this Agreement, You agree
to indemnify and hold harmless Company, its members, shareholders, directors officers, agents, consultants,
designers, employees and attorneys from any such claims, damages, litigation or liability, including reasonable
attorneys’ fees. Further, advertisers placing content on Our Website and Shopping cart agree to indemnify and
hold harmless Company, its members, shareholders, officers, agents, consultants, designers, employees and
attorneys from any such claims, damages, litigation or liability, including reasonable attorneys’ fees, arising,
directly or indirectly from or out of the content of such advertising.
INVALIDITY
If for any reason any provision of this Agreement shall be deemed to be legally invalid or unenforceable in any
jurisdiction to which it applies by a court of competent jurisdiction, the validity of the remainder of the
Agreement shall not be affected and such provision shall be deemed modified to the minimum extent
necessary to make such provision consistent with applicable law, and, in its modified form, such provision shall
then be enforceable and enforced.
ENTIRE AGREEMENT / WAIVER / CONFLICTING TERMS AND CONDITIONS OF USE
This Agreement constitutes the entire agreement between Us and You pertaining to the subject matter hereof,
and supersedes and revokes any and all prior or existing agreements, written or oral, relating to the subject
matter hereof, and this Agreement shall be solely determinative of the subject matter hereof. This Agreement
may be amended only by a written instrument executed by the party or parties to be bound thereby, with
Company acting only through its chief executive officer pursuant to a written authorization of its members.
Company shall not be deemed to waive any of its rights under this Agreement except in writing, and then only
through its chief executive officer pursuant to a written authorization of its members directing the president to
waive a provision of this Agreement. In the event that any of these Terms and Conditions of Use are in conflict
with any other Terms and/or Conditions of Use which appear in our shopping cart, the provisions of these
Terms and Condition of Use shall govern.
HEADINGS
The captions and headings used in this Agreement are for convenience only and do not in any way limit,
amplify, or otherwise modify the provisions of this Agreement.
GENDER AND NUMBER
Whenever appropriate, references in this Agreement to any gender shall be construed to include all other
genders, references in the singular shall be construed to include the plural, and references in the plural shall
be construed to include the singular, unless the context clearly indicates to the contrary. The use of the words
“You,” “Your,” “Our,” “Us” and “We” shall include the agents and employees of each.
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ASSIGNMENT
This Agreement is personal to You and cannot be assigned by You. Any attempt to assign this Agreement or
any rights granted to You under this Agreement by You is void. We may assign this Agreement to any third
party in Our sole discretion.
GOVERNING LAW
You and Company hereby agree that this Agreement will be governed exclusively by the laws of the State of
Florida as applied by the courts (federal and state) of such state to contracts made and performed entirely
within the State of Florida. No presumption concerning the drafting of this Agreement shall be made against
Us for any reason by any court or arbitration tribunal determining a claim against Us.
EXCLUSIVE JURISDICTION / VENUE
YOU AND COMPANY HEREBY CONSENT AND AGREE THAT THE CIRCUIT COURT OR COUNTY
COURT HAVING JURISDICTION OVER PALM BEACH COUNTY, FLORIDA OR THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION,
SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OVER ANY SUIT, ACTION,
PROCEEDING OR CONTROVERSY ARISING UNDER, OUT OF OR RELATING TO THIS AGREEMENT
AND OUR MERCHANDISE AND SERVICES AND SUCH COURT SHALL BE THE SOLE, EXCLUSIVE AND
PROPER FORUM AND VENUE IN WHICH TO ADJUDICATE ANY SUCH SUIT, ACTION, PROCEEDING
OR CONTROVERSY. THE PARTIES AGREE THAT SERVICE OF PROCESS MADE IN ACCORDANCE
WITH THE LAW AND RULES APPLICABLE TO SUCH COURTS SHALL BE DEEMED PROPER AND
EFFECTIVE.
WAIVER OF TRIAL BY JURY
YOU AND COMPANY AGREE TO, AND DO, HEREBY WAIVE TRIAL BY JURY TO THE GREATEST
EXTENT PROVIDED BY LAW.
ATTORNEYS’ FEES
In any suit, action, arbitration, proceeding or controversy between Company, its shareholders, members,
officers, agents, consultants, designers, employees and attorneys and You or anyone acting by or through
You, You agree to pay to Us, Our shareholders, members, officers, agents, consultants, designers, employees
and attorneys Our and their reasonable attorneys’ fees and costs including out-of-pocket costs, at both the trial
and appeal level.
ARBITRATION
Any dispute or controversy (except as excluded below) that may arise, directly or indirectly, from this
Agreement or relating thereto shall be settled in Palm Beach County, Florida in accordance with the
Commercial Rules of Arbitration of the American Arbitration Association by three (3) arbitrators appointed in
accordance with said rules. The arbitrators are specifically empowered to enter as part of any award an award
for reasonable attorneys’ fees and costs to the prevailing part.
Excluded from jurisdiction of the arbitration and arbitrators, and deemed not subject to arbitration, are
Company’s trademarks, patents, copyrights, trade names, service marks, trade secrets, intellectual property
and other industrial property rights (collectively, “Intellectual Property Rights”). The arbitrators are expressly
prohibited from entering any award, directly or indirectly, that relates to such Intellectual Property Rights. A
party wishing to proceed through an action, suit or proceeding with respect to Intellectual Property Rights
and/or unfair competition claims may do so, including, without limitation, protecting any of same against
infringement, misappropriation, theft of trade secrets and unfair competition, and recovery damages and/or
obtaining injunctive relief.
COPY OF THIS AGREEMENT
Copies of this Agreement can be obtained by sending Your request to: servicioalcliente@heyanuncialo.com.
