Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Management Design EIRL's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Management Design EIRL's web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Management Design EIRL at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Management Design EIRL's web site are provided "as is". Management Design EIRL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Management Design EIRL does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Management Design EIRL or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Management Design EIRL's Internet site, even if Management Design EIRL or a Management Design EIRL authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Management Design EIRL's web site could include technical, typographical, or photographic errors. Management Design EIRL does not warrant that any of the materials on its web site are accurate, complete, or current. Management Design EIRL may make changes to the materials contained on its web site at any time without notice. Management Design EIRL does not, however, make any commitment to update the materials.
Management Design EIRL has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Management Design EIRL of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Management Design EIRL's web site shall be governed by the laws of the State of Santiago de Chile without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Terms of service
Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Management Design EIRL that you will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
C. Violation of Law
You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard. You understand and accept responsibility to file any necessary paperwork or tax forms with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.
D. Terms of Service
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Management Design EIRL that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the Management Design EIRL Terms of Service which are incorporated herein as though set forth at length herein.
E. Unsolicited Email
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Management Design EIRL that you will not use or otherwise permit the use of unsolicited commercial email (aka SPAM/UBE/UCE) in relation to the Management Design EIRL Affiliate Program.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Management Design EIRL that you will not transmit any information which is or might be considered to be defamatory or libelous.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Management Design EIRL that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
H. Unfair Competition
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Management Design EIRL that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the Management Design EIRL Terms of Service.
I. Damage to Management Design EIRL
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Management Design EIRL that you will not take any action that would in any way damage Management Design EIRL or otherwise compromise its servers or equipment including utilize or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
J. No Automatic Links
You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
K. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY Management Design EIRL PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT Management Design EIRL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, Management Design EIRL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL Management Design EIRL BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
L. Limitation of Liability
IN NO INSTANCE SHALL Management Design EIRL BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT Management Design EIRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.M. or (iv) either party's liability for death or personal injury or their own acts of fraud.
You agree to indemnify, defend and hold harmless Management Design EIRL and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney.s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
N. Independent Contractors
Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
O. Choice of Venue
The internal laws of Santiago de Chile (irrespective of its choice of law principles) will govern the validity of this agreement, the construction of its terms, and the interpretation of the rights and duties of the participating parties, provided that the internal laws of Santiago de Chile shall govern the validity of this agreement with respect to Santiago de Chile. Any party may seek to enforce its rights under this agreement in any court of competent jurisdiction located within the judicial district, Santiago de Chile, RM, in which the company has its principal place of business.
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by Management Design EIRL on the Management Design EIRL web site.
R. Use Constitutes Full Acceptance and Signature
Your agreement to the terms set forth herein is manifested by any participation in the Management Design EIRL affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by Management Design EIRL without notice to any other party other than changing the agreement itself made available by Management Design EIRL to the affiliates on the Management Design EIRL web site.