Terms & Conditions
Last modified: July 30, 2020
Welcome to Mercado Boricua!
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING MERCADO BORICUA’S SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SERVICES. CHANGES MAY BE MADE TO THIS AGREEMENT FROM TIME TO TIME. WE WILL MAKE REASONABLE COMMERCIAL EFFORTS TO NOTIFY YOU OF ANY MATERIAL UPDATES TO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, YOUR CONTINUED USE OF THE SERVICE WILL BE DEEMED ACCEPTANCE TO AMENDED OR UPDATED TERMS. AS SUCH, YOU SHOULD CHECK FREQUENTLY TO SEE IF WE HAVE UPDATED THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERMS OR CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE.
“Service(s)” means the services and goods provided by Mercado Boricua through its website www.mercadoboricua.com or any other Website operated by us and including, without limitation, videos, graphics, recordings, documentation, linked pages, features, data, text, blog posts, images, photographs, music, sounds, messages, tags, content, programming, software and application services.
If You are accessing or using the service on behalf of a company or other legal entity, You represent and warrant that You are an authorized representative of that entity and have the authority to bind such entity to this Agreement, in which case the terms “You” and “Customer” shall refer to such entity.
You and Mercado Boricua hereby agree as follows:
- Access to Services
During the Term, and subject to the terms and conditions of this Agreement, the Company will use commercially reasonable efforts to provide Customer with access to the Services. Customer will cooperate with the Company, as requested, to facilitate the initiation of Customer’s access and use of the Services.
Your use of the Services is permitted by us only for personal, non-commercial use and/or to make legitimate requests of the Products offered. You agree not to use this Services to make any speculative, false or fraudulent requests.
- Customer Data
We will not use or disclose your Customer Data to any third parties except:
- If required in limited circumstances, including compelled by law enforcement authorities.
- If it is part of anonymized aggregated data (“Aggregated Data”). This right to use Anonymized Data will survive the termination of this Agreement.
- To a limited number of our employees or contractors as required to operate, develop or improve the Services.
- Customer Obligations
You agree that you will not and will not assist or enable others to:
- Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, license, sublicense, transfer, or provide access to the Service to a third party in any way;
- reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Software, including its content, except as permitted by law;
- access the site for the purpose of building a competitive product or service or copying its features or user interface;
- modify, remove or obstruct any proprietary rights statement or notice contained in the Services;
- interfere with any license key mechanism in the Service or otherwise circumvent mechanisms in the Service intended to limit your use,
- attempt to gain unauthorized access to the Services or its related systems or networks;
- provide false identity information to access or use the Services;
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store (a) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights; or (b) material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- publicly disseminate information regarding the performance of the Service;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
We reserve the right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, and reporting you to the law enforcement authorities.
UNLESS OTHERWISE EXPRESSLY AUTHORIZED HEREIN OR BY US IN WRITING, YOU AGREE NOT TO DISPLAY, DISTRIBUTE, LICENSE, PERFORM, PUBLISH, REPRODUCE, DUPLICATE, COPY, CREATE DERIVATIVE WORKS FROM, MODIFY, SELL, RESELL, EXPLOIT, TRANSFER OR UPLOAD FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE.
- International Users
The Service is controlled, operated and administered by Mercado Boricua LLC from our offices within the Commonwealth of Puerto Rico. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use Mercado Boricua’s content accessed through www.mercadoboricua.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- Sale of goods; Acceptance and Cancellation of Orders
For a complete disclosure of our Website’s terms and conditions for the online sale of goods, shipping and refund policies, please refer to [https://www.mercadoboricua.com/en/pages/terms].
You agree that any order you make on the Website is an offer to purchase, under this Agreement, all of the products and services listed in your order (“Order”). All orders must be accepted by Us; otherwise we will not be obliged to sell you the requested products or services. The Company reserves the right not to accept any order at the sole discretion of the Company. After your order is received, we will send you a confirmation email to the address provided where your order number and detailed information of the items or services you have ordered will be included. The acceptance of the order and the agreement of sale between you and the Company will become effective from the moment you receive the confirmation email. You have the option to cancel your order at any time before we send you your order confirmation email by writing to: email@example.com.
- Prices and Payment Conditions
(a) All prices published on this Website are subject to change without prior notice. The prices displayed on the Site are quoted in U.S. dollars ($USD), unless otherwise indicated. The price charged for a product or service will be the price in effect at the time the order is placed and will be included in the order confirmation email. Price increases will only be applicable to orders placed after said price change has been made. The published prices do not include the applicable sales tax or any other applicable tax. The published prices do not include shipping and handling charges. All applicable taxes and charges will be added to the subtotal balance of the purchase and broken down on the page before making your purchase and in your confirmation email.
(b) The Company outsources all payment processing and business transactions conducted on the Website to Shopify Payments (USA) Inc. The payment policy is governed in its entirety by the Shopify Payments Terms of Service; please refer to: https://www.shopify.com/legal/terms-payments-us for more information.
- Intellectual Property Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by United States, Commonwealth of Puerto Rico and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own use and not for further reproduction, publication or distribution.
You must not:
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Service other than that set out in this section, please address your request to: firstname.lastname@example.org.
Trademarks. The Company name, the terms “Mercado Boricua”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Us of your infringement claim in accordance with the procedure set forth below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by sending a written notice (“Notice”) to us as detailed below.
Such Notice must comply with the requirements imposed by the Digital Millennium Copyright Act (“DMCA”), codified in 17 U.S.C. § 512(c)(3), and which can be found at http://www.copyright.gov/title17/. As a copyright owner or authorized agent, you are responsible for making sure the Notice satisfies requirements imposed by the DMCA, as amended and interpreted by competent Courts of law and should not rely exclusively on the information provided in this Agreement.
The Notice must:
- Identify the copyrighted work that you claim has been infringed, or —if multiple copyrighted works are covered by this Notice— you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
* “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
* “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent at:
Mercado Boricua LLC
Caguas, PR, 00725
Feedback. From time to time, Customer may choose to submit comments, information, questions, data, ideas, description of processes, or other information to the Company, including sharing Your Modifications or in the course of receiving Support and Maintenance (collectively “Feedback”). The Company may, in connection with any of its products or services, freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in this Agreement limits Company’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
- Representations & Warranties and Disclaimers
Due Authority. Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.
WARRANTY DISCLAIMER. ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND MERCADO BORICUA AND ITS SUPPLIERS AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. MERCADO BORICUA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THE COMPANY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MERCADO BORICUA NOR ANY OF ITS AGENTS, EMPLOYEES, CONTRACTORS OR THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS, SERVICE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCT WILL BE SECURE, TIMELY, OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, OR SYSTEM; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH www.mercadoboricua.com IS AT YOUR OWN RISK.
The Site and/or Services may include links to certain websites, social platforms, materials, or content developed by Third Parties. The Company has not reviewed all the sites linked to its Site and/or Services and shall not be responsible for the contents of any such linked material. The inclusion of any link does not imply endorsement by the Company of such material and shall not be held liable in respect of any links contained therein. Use of any such linked material shall be at Your own risk. The Company reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason.
Unless You specifically withdraw Your consent to this clause by sending an email at email@example.com, You hereby acknowledge and consent to the Company making use of any of Your marks, logos and trade names or pictures taken of You to identify You as our customer on www.mercadoboricua.com and/or Mercado Boricua’s Services, in addition to any other promotional material on our website or our social platforms such as, but not limited to, YouTube, Facebook, Instagram and/or Pinterest.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE GOOD(S) PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disputes Between Users. You agree that you are solely responsible for your interactions with any other user in connection with the Service and the Company will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.
Claims Against Mercado Boricua LLC. Customer will defend, indemnify and hold Us harmless (including our affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys’ fees) which the Company may suffer or incur in connection with any actual claim, lawsuit, demand, action or other proceeding by any third party arising from: (a) any breach of Customer’s obligations, representations or warranties herein; or (b) any use by the Customer in violation of this Agreement or applicable law or regulations, including any damages caused by your use of the Service.
Procedure for handling Indemnification Claims. The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought (provided that the indemnified party’s failure to notify the indemnifying party will not diminish the indemnifying party’s obligations under this Section except to the extent that the indemnifying party is materially prejudiced as a result of such failure), (ii) cooperating fully with the indemnifying party (at the indemnifying party’s expense), and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own selection at its own expense.
CUSTOMER (ON ITS OWN BEHALF AND ON BEHALF OF ANY PERSON OR ENTITY AUTHORIZED TO USE THE SERVICES BY CUSTOMER) COVENANTS NOT TO SUE OR MAKE OR ASSERT AGAINST MERCADO BORICUA ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO THE SERVICES PROVIDED BY US UNDER THIS AGREEMENT.
- Privacy / Data Protection
- By accepting the terms contained within this Agreement, You acknowledge, represent and warrant that You shall comply with all applicable laws, including but not limited to Data protection and privacy laws and that You shall indemnify the Company against any Third Party claims related to violation of such applicable laws in the use of the Service.
- Governing Law & Arbitration
If Customer does not agree to the modified terms of the Agreement, Customer shall notify us in writing within thirty (30) days, after which this Agreement shall immediately terminate.
- Assignment. Neither Party may assign or delegate any rights or obligations under the Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Company may assign their rights and obligations under the Agreement in connection with a consolidation, merger, acquisition or sale of substantially all or part of their assets, shares or activities without the prior written consent of the other party.
- Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
- Waiver. No waiver of any breach of this Agreement, will be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, will be construed as a waiver of any subsequent breach of this Agreement.
Your Comments and Concerns. This site is operated by Mercado Boricua LLC. For further communications with us, please refer your comments or concerns to 59 Acosta, Caguas, PR, 00725 or contact us through our social media for direct communication. All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: firstname.lastname@example.org
© 2020 MERCADO BORICUA LLC. All rights reserved.