Terms of use

TERMS AND CONDITIONS

The terms and conditions of the use of this website (hereinafter referred to as “Terms”) are written bellow in English to avoid any misunderstandings that may be caused by language translations. If, for any reason, you do not fully understand the terms and conditions written below, we strongly recommend that you seek the adequate advice or leave this website immediately.

The following Terms shall govern the use of this website and by using this website you agree to these Terms. If, you have any doubts or do not agree with any of the Terms then you should stop using the website immediately.

Dudley Trading Estates S.L., the owner and operator of this website, reserves the right to modify, alter and update the Terms at any time. It is your obligation to always check the Terms, if you do not agree with this or if you do not agree with the changes to the Terms then you should stop using the website immediately.

This Website includes hyperlinks to other websites and web pages that may or may not be affiliated with this website. It is your obligation to read the terms and conditions of the use of those websites and web pages.

DUDLEY TRADING ESTATES S.L. DOES NOT AGGREGATE, COLLECT, STORE OR SAVE ANY DATE OR INFORMATION ABOUT THE USERS OF THIS WEBSITE.

This website is owned and operated by Dudley Trading Estates S.L. located at Calle San fernando 7, 41004 Sevilla, Spain. Absolutely, all content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and, as such, is meant only for your personal, non-commercial use. You may not copy, reproduce, republish, upload, post, transmit, share, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the explicit written consent of Dudley Trading Estates S.L. You may request the right to use the content of this website by an email to info*Dudley-estates.com.

Without explicit written consent by Dudley Trading Estates S.L., any use or modification of the content of this website that is not personal or non-commercial is a clear violation of the rights of Dudley Trading Estates S.L., and is absolutely prohibited. Using this website absolute means that you agree to never use the content of this website in any way that is unlawful or prohibited by the Terms.

Dudley Trading Estates S.L. reserves the right to deny access to this website of anyone at any time for any reason.

All users of this website agree to absolutely never use this website and never allow anyone to use this website in any way that will cause, intentionally or unintentionally, and overload of the website’s infrastructure, including, thought not limited to, “spam”, undertake to decipher, decompile, disassemble or reverse engineer any of the software or HTML code that is included in this website, violate any laws, copy our web pages or any part of this website or the content of this website without explicit written permission by Dudley Trading Estates S.L.

DISCLAIMER OF WARRANTIES

ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE E.U. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, Dudley Trading Estates S.L. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Dudley Trading Estates S.L., ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. Dudley Trading Estates S.L. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, AND/OR SERVICE PURSUANT TO YOUR USE OF THIS WEB SITE.

DISCLAIMER OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT Dudley Trading Estates S.L.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER Dudley Trading Estates S.L., NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL OR CONSEQUENTIAL), CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE).

BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Dudley Trading Estates S.L. AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Dudley Trading Estates S.L. IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Dudley Trading Estates S.L, the Providers, and website hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Terms or misuse of the website.

THIRD PARTY RIGHTS

These Terms are for the benefit of Dudley Trading Estates S.L, its Providers, and website hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Content contained in this website is presented solely for your convenience and/or information. This website is controlled and operated by Dudley Trading Estates S.L from its office located in Sevilla, Spain. Dudley Trading Estates S.L makes no representation that the content in its website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

RESOLVING DISPUTES

If a dispute should arise between you and Dudley Trading Estates S.L, we want to provide you with a resolution that is efficient and cost effective by emailing us at info(a)Dudley-estates.com.

AGREEMENT TO ARBITRATE DISPUTES

ALL USERS OF THIS WEBSITES SHOULD PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

Dudley Trading Estates S.L and all users AGREE TO ARBITRATE: You and Dudley Trading Estates S.L agree to resolve any claims relating to the Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Dudley Trading Estates S.L’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Dudley Trading Estates S.L may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of this website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any user and Dudley Trading Estates S.L, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding all users of this website and Dudley Trading Estates S.L.

NO CLASS ACTIONS: Users of this website may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: ALL USERS OF THIS WEBSITE AND Dudley Trading Estates S.L HEREBY AGREE TO WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Dudley Trading Estates S.L. in a suit to vacate or enforce an arbitration award or otherwise, All users of this website and Dudley Trading Estates S.L WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by an arbitrator. BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Dudley Trading Estates S.L at [email protected] including the following information in the email: (1)Your Full Name; (2) the URL of Terms of Use of this website; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

GOVERNING LAW

In any circumstances where the Agreement to Arbitrate Disputes permits any user and Dudley Trading Estates S.L to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the of the European Union, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Amsterdan (NL).

ENTIRE AGREEMENT

The provisions and conditions of the Terms, and each obligation referenced herein, represent the entire Agreement between Dudley Trading Estates S.L, its affiliated or related entities, and all users of this website, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between the Terms and any future published terms of use or understanding the last published Terms of Use shall prevail.

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