legal disclaimer

Softtek offers to the User all the information, tools and services within the Site www.softtek.com, subject to acceptance by User of the following Terms of Use and of applicable Privacy Policies. Please read them carefully. The use of the Site by the User constitutes its entire agreement to these Terms of Use and all other Privacy documents.

Definitions.

  1. Content: refers to all content on the Site, including without limitation, text, design, graphics, logos, icons, images, audio clips, video clips, download materials, interfaces, tools, applications, code, software, service marks and trademarks.
  2. Personal Information: it is the identified or identifiable information of an individual.
  3. Softtek: refers to Valores Corporativos Softtek, S.A. de C.V. located at Boulevard Constitución # 3098 piso PH1 Col. Santa María, Monterrey N.L., C.P. 64650.
  4. Site and Web Site: refers to www.softtek.com, owned and operated by Softtek.
  5. Terms of Use: refers to the following terms and conditions concerning the use of the Site.
  6. User: refers to the individual who is browsing the Site or using it in any manner.

Terms of Use.

    1. Site Information.

      The information on the Site shall be used for general informational purposes only and should not be relied upon or used as the sole basis for making decisions or as a legal representation or warranty from Softtek. Softtek is not responsible if the information available on this Site is not accurate, complete or updated. The information on the Site is intended to provide general information of a particular subject or subjects and it is not an exhaustive treatment of them.
    2. Intellectual Property.

      All Content is of the exclusive property of Softtek, its affiliates, its licensors or its content providers and is protected by intellectual property and other applicable laws. User is allowed to access, copy, download and print the materials contained on the Site only for personal and non-commercial use, provided that such materials as well as any copyright or trademark notices are not modified or deleted. Any other use of the Content, including without limitation, the reproduction, modification, use, publication, broadcast, uploading, transmission, posting, distribution, licensing or the creation of derivative works from the Content, is strictly prohibited. Softtek reserves all rights not expressly granted herein or on the Site.

      Softtek® and its logo are registered trademarks of Valores Corporativos Softtek, S.A. de C.V. This trademark and any other trademarks and service marks that are part of the Content shall not be used in any manner without the prior written consent from Softtek. Nothing on this Site shall be construed as granting any license or right of use of any trademark within the Content.

 

    1. Use of the Contact Information.

      User shall not use contact information provided on the Site for any unauthorized purpose, including marketing, without the previous written consent of Softtek.

 

    1. Links to other Web Sites.

      The Site provides links to Web sites and access to Content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. User agrees that Softtek is not responsible for the availability of, and content provided on third party Web sites. The User is requested to review the policies posted by other Web sites regarding its own Terms of Use before going through the website. Softtek is not responsible for third party web sites content that is accessible through the Site, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such Content. Links to this Site shall not be made without the previous written consent from Softtek.

 

    1. Personal and non-personal information.

      Some features on the Site require registration, which might imply that you provide us certain Personal Information. Your Personal Information will be obtained, used, stored and, in general, treated according to the Privacy Notice that will be made available to you. By registering at the Site, User agrees to provide true, accurate, current and complete information and Personal Information about himself/herself. At registration, User has the option to choose to be contacted by a representative of Softtek, by any of the means entered in the registry form. Therefore, upon electing such option, User agrees to be contacted by Softtek, however User acknowledges that choosing such option does not create an obligation for Softtek to contact the User.

      Further, at registration User has the option to choose to receive newsletters and bulletins from Softtek in his/her email, therefore, if User chooses such option, User accepts and acknowledges that Softtek will sent such materials for informational purposes only. All the materials sent by Softtek in such newsletters and bulletins are part of the Content and will be subject to these Terms of Use. In the event that the User wishes not to receive such newsletters and bulletins at any time thereafter, User shall request to be removed from the distribution list by following the link set forth for that purpose at the footer of such email message.

      Some features on the Site in addition to registration, require the use of a password which shall be solely under User’s responsibility. User shall be the sole responsible for any material or communication submitted via the Site using his/her registration ID and if applicable, his/her password, and shall the sole responsible for any liability or damages derived or arising in connection with the delivery of such materials by the User.

      User agrees that any submission of materials or communications via the Site by the User, including any comments, data, questions, suggestions or anything alike, is submitted on an unrestricted, nonexclusive, royalty-free, perpetual and irrevocable basis and will be treated as non-confidential and non-proprietary. User shall not submit any material or communication that is obscene, defamatory or that its delivery constitutes an infringement or breach of any third party right.

      Softtek is the sole owner of the information collected on this site. Softtek will only have access to/collect information that User voluntarily provide Softtek via email or other direct contact from User. We will not sell or lease this information to anyone. Softtek will use User’s information to respond to User regarding the reason User contacted Softtek. Softtek will not share User’s information with any third party outside of our organization, other than as necessary to fulfill User’s request. Unless User asks us not to, Softtek may contact User in the future to provide information about products or services, or changes to this privacy policy. User may ask Softtek to not make any future contact at any time. User can do so at any time by contacting Softtek via the email address or phone number given on the Site. Softtek takes precautions to protect User’s information. Softtek does not collect sensitive information (such as credit card data). Only personnel who need the information to perform a specific position (for example, solution design or marketing) have granted access to personally identifiable information. The computers/servers in which Softtek stores personally identifiable information are kept in a secure environment.

      Softtek has and maintains the necessary security measures for the protection of the Personal Information provided by the User to prevent its loss, misuse, alteration, thief and unauthorized access. Notwithstanding the above, the User shall be aware that the Internet security measures are not indefeasible and therefore the User shall consider that Softtek does not guarantee that its Personal Information will be free of loss, misuse, alteration, thief and/or unauthorized access, including damages for the misuse of the Web Site or virus in the net.

 

    1. Cookies Use.

      Cookies are pieces of information that a website transfers to an individual hard drive for record-keeping purposes; passwords are not saved in cookies. Cookies help Softtek to know which pages are visited most often and help Softtek to ensure that its Site responds to users' needs. If User does not wish to receive a cookie, or if User wishes his/her browser to notify when receiving a cookie, User may use the option on the Web browser to disable cookies. Click on the 'help' section of the browser to learn how to change cookie preferences. However, please note that if User disables all cookies User may not be able to take advantage of all the features available on this Web Site. Softtek does not use personal identification details transferred through cookies either for promotion or marketing purposes, nor will such information be shared with a third party.

 

    1. Site Content.

      All Content on the Site is provided on an "as is" and "as available" basis. Softtek expressly disclaims all warranties of any kind with respect to the Content of the Site, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Site are non-infringing, as well as warranties implied from a performance or dealing course. Softtek reserves the right to modify the Contents at any time but does not assume the obligation of updating any information on the Site. Softtek does not make any warranties or representations regarding the use of the materials on this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timelines, reliability or otherwise.

 

    1. Warranty.

      Softtek makes no warranty that: (a) the Site will meet User requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis or the server that makes the Site available will be virus free; (c) the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable; or (d) the information contained on the Site is updated and reflects the current situation of the company. If User is unsatisfied with any portion of this Site, or with any of these Terms of Use, it is User’s sole and exclusive remedy to discontinue using this Site. User acknowledges that downloads of any materials from this Site, reliance on the information on this Site and any use of this Site is solely at the User's own risk and that the Site is available to User at no charge. Therefore, User acknowledges and agrees that, to the fullest extent permitted by applicable law, neither Softtek nor its affiliates or third parties contents providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to this Site.

      Softtek shall not be liable for any damage to User's computer system or loss of data resulting from the download of any Content, materials, or information from the Site. In no event will Softtek be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Site, or any information provided on the Site.

 

    1. Prohibitions.

      User shall not use any hardware or software intended to damage, interfere with the proper operation of the Site or to intercept any data or personal information from the Site. User shall not interrupt, attempt to interrupt, intrude or attempt to intrude the operation of the Site in any way. User is not allowed to frame this Site or use Softtek’s marks as meta tags, without the previous written consent from Softtek. User shall not use frames or utilize framing techniques to enclose any Content. Further, User shall not utilize any Content in any meta tags or any other similar techniques, without the previous written consent from Softtek. User shall not obscure any Contents, including these Terms of Use or any copyright or proprietary notice in the Site.

 

    1. Indemnity.

      User agrees to indemnify, defend and hold Softtek harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any misuse by the User of the Content and services provided on the Site or any breach by User of the Terms of Use contained herein.

 

    1. Termination of access.

      Softtek may terminate User's access at any time for any reason. The provisions regarding the disclaimers of warranty, accuracy of information and indemnification shall survive such termination.

 

    1. Terms of Use Amendments.

      Softtek may review and change any or all of the Terms of Use at any time without previous notice to the User. Such changes shall be effective immediately upon posting them on the Site. By continuing to use the Site after any changes are posted, User acknowledges acceptance of those changes. Any conflict between the Terms of Use and any terms of use posted in an area of the Site, the last ones shall prevail in relation to the use of that area of the Site by the User.

 

    1. Web Site Legal Use.

      User represents that access to this Site and the information contained herein is not unlawful under the applicable laws of the jurisdiction where User is a resident or from where User is accessing this Site. If any Content or the use of this Site is contrary to the laws of the place where User is accessing this Site, this Site is not intended for such User and User shall refrain from accessing or using this Site.

 

    1. Severability.

      If any of the terms, limitations or exclusions of liability contained in the above Terms of Use are determined to be illegal, unenforceable or invalid in whole or in part for any reason under the applicable laws of the jurisdiction where User resides or has had access to the Site, such illegal, unenforceable, or invalid provisions or part thereof shall be removed and/or deleted from this Terms of Use, and such provision shall not affect the legality, enforceability, or validity of the remainder of these Terms of Use. If any provision or part thereof of these Terms of Use is removed and/or deleted in accordance with the provisions of this section, then such removed and/or deleted provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar to the removed and/or deleted provision as is legally feasible.

 

    1. Entire Agreement.

      No authorization or waiver under these Terms of Use will be effective unless made in writing and executed by a duly authorized representative of Softtek.

 

  1. Applicable Law.

    These Terms of Use shall be governed by the applicable laws of Mexico.

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