Terms Of Use

BINDING EFFECT.

This is a binding agreement. By using the Site or any products or services provided in connection with the Site, the user or viewer of our Site (“you”) are agreeing to comply with and be bound by the following Terms of Use Agreement (“Agreement”), including all documents, policies, and guidelines incorporated herein. This Agreement does not alter the terms and conditions of any tariff, or other written or online agreement you may have or will have with Grupo Sinekis S.A. de C.V., which govern in the event of any inconsistency with the terms below. This Agreement may be amended at any time by us from time to time without specific notice to you. Any changes or modifications will be effective upon posting and your use of the Site following the posting will constitute your acceptance of the Agreement as revised. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.  YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.

All Freshdy™ multi-layer packaging products are covered or may be covered by US Pat No.9,533,810 B2, Mexico Patente No 343911.

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your telephone number or user identification number. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

ALLEGED VIOLATIONS/TERMINATION.

Grupo Sinekis S.A. de C.V. does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Grupo Sinekis S.A. de C.V. reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Grupo Sinekis S.A. de C.V. believes that you have violated any Terms of Use, furnished Grupo Sinekis S.A. de C.V. with false or misleading information, or interfered with use of the Site or the Service by others.

LIMITED LIABILITY.

Grupo Sinekis S.A. de C.V.’S LIABILITY TO YOU IS LIMITED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Grupo Sinekis S.A. de C.V. BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY Grupo Sinekis S.A. de C.V.. THE AGGREGATE LIABILITY OF US AND ANY AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

PROHIBITED USES.

Grupo Sinekis S.A. de C.V. imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from using the Site or the Service in connection with any violation or infringement of privacy, copyright or third party rights, or offensive communications or conduct. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Grupo Sinekis S.A. de C.V. in providing the Site or Service.  Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY.

You agree to indemnify Grupo Sinekis S.A. de C.V. for certain of your acts and omissions.  You agree to indemnify, defend, and hold harmless Grupo Sinekis S.A. de C.V., its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  Grupo Sinekis S.A. de C.V. will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

INTERNATIONAL USE

Grupo Sinekis S.A. de C.V. does not represent that all information and content available on or accessible through this Site is appropriate for use in all geographic locations, especially some locations outside Mexico, and accessing such from certain locations may be illegal and prohibited. Those who do access or use this Site from those locations act on their own initiative and Grupo Sinekis S.A. de C.V. is not responsible for compliance with applicable laws, rules, and regulations. You will not access the foregoing where prohibited by applicable law, rule or regulation.

COPYRIGHT AND TRADEMARK.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Other than as expressly permitted in the “LIMITED LICENSE; PERMITTED USES” Section above, the copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, logos or any third party.

TERMS AND MODIFICATIONS.

These Terms of Use will be applied and interpreted by Grupo Sinekis S.A. de C.V. in its sole discretion and any decision of Grupo Sinekis S.A. de C.V. is final. Grupo Sinekis S.A. de C.V. may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service(s); and (c) discontinue the Site and/or Service(s) at any time.  Grupo Sinekis S.A. de C.V. shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting.  You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions.  You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

MISCELLANEOUS

Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the “NO WARRANTIES” and “LIMITATION OF LIABILITY” sections, above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement.  Our rights under this Agreement shall survive any termination of this Agreement.

ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.