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Terms of Use and Conditions

Welcome to walmex.mx (the Site)

This Site is an information service. Read the following basic rules that govern the use of our Site (the Agreement). The use of our Site implies unconditional compliance with these Terms and Conditions. Wal-Mart de México, S.A.B. de C.V. (hereinafter Walmart), is sole owner of the domain "walmex.mx" and reserves the right to update or amend, at its convenience, the Terms and Conditions herein, without prior notice. The use of the website walmex.mx after said changes implies unconditional acceptance of and compliance with the amended Terms and Conditions. You are therefore asked to review these Terms and Conditions before each use of this Site.

Copyrights and Brands    

Unless otherwise stated, all material, including images, texts, illustrations, designs, icons, photos, programs, videos and any other written material that are part of this Site (hereinafter and jointly known as Content), copyrights, commercial brands, commercial images and/or intellectual property rights that belong to, are controlled by, or have been the subject of any license granted in favor of Walmart, any of its subsidiaries, or third parties granting Walmart the use of the same through any license, and as such is protected under the Copyright Law, the Industrial Property Law, and other applicable laws in Mexico, as well as by International Treaties signed by our country. The compilation –that is, collection, availability and integration- of all content for this Site is the sole property of Walmart, and is also protected under Mexican and international laws.

© 2011 Wal-Mart de México, S.A.B. de C.V. All rights reserved.         

Walmart and its suppliers and licensors reserve full intellectual property rights over all texts, programs, products, processes, technology, content, and other material appearing on this Site. Access to this Site does not and should not be construed to mean the granting of a license to anyone to use Walmart intellectual property rights.

WALMART and SAM'S CLUB are brands owned by Wal-Mart Stores, Inc., which are used under a license. In addition, AURRERA, SUPERAMA, BODEGA AURRERA, VIPS, SUBURBIA and EL PORTÓN and the corresponding logos are also property of Walmart. All other brands are the property of the respective companies. No brand license or service brand use is granted with regards to the materials contained in this Site. Access to this site does not grant authorization for the use of any name, logo or brand contained therein.

References in this Site to third-party names, brands, products or services, or hypertext links to third-party sites or information are provided solely for the purpose of convenience and under no circumstances constitute or imply an endorsement, sponsorship or recommendation by Walmart in regards to any third-party information, product or service.  Neither Walmart nor any of its subsidiaries shall be held liable for the content on third-party sites, and it does not make any statement regarding the content or veracity of the material contained in said sites. Should anyone decide to go to third-party sites, it is solely at his/her risk.

USE OF THIS SITE     

This Site and all its Content are meant solely for personal and not for commercial use. The Content and other materials can be copied or downloaded, all of which are meant for personal use. There is no transfer of rights over material or software downloaded or copied. Nothing can be copied –with the exception of that mentioned herein above- published, transmitted, distributed, displayed, changed, be used to create something stemming from the same, sell, participate in any sale or make use in any way of the Content, wholly or partially, found on the Site, or the related software. Any and all software used for this Site is the property of Walmart or of its suppliers and is protected by copyright laws, intellectual property laws, and other applicable laws in force in Mexico, and by any international treaties signed by Mexico. Illegal use of the content of this Site is strictly forbidden, including reproduction, changes, distribution, transmission, reediting, display or development.

SITE SECURITY

It is strictly forbidden for site users to try to violate Site security, including (a) obtaining access to data not destined for said user or connection to a server or by entering an account to which said user is not authorized to access; (b) exploring, scanning or testing the vulnerability of any system or network, or violating security measures or authentication without proper authorization; (c) attempting to interfere with the service of any user, central system or network, including sending a virus to the Site, overloading, saturating, sending undesired massive emails, bombarding with emails, or propagation, among others; (d) sending unrequested emails, including product or service promotions and/or advertisements; or (e) falsifying any TCP/IP package or any part of the information thereof in any email or group notices. Any violation of the security system or network can lead to civil liability or penal action. The Company will investigate any events involving such violations with subsequent notice to and cooperation with the authorities for legal actions against any user involved in said violations. No device, software or process interfering with, or attempting to interfere with the proper operation of this Site is allowed, or any activity meant to produce said interference. The use of any code, software, tool, agent, or any device or mechanism –including navigators, search engines, robots, avatars or intelligent agents- with the purpose of navigating or searching the Site other than those supplied by the Company for this Site and those generally available on web navigators, or other than those generally available on third-party navigators -such as Netscape Navigator, Microsoft Explorer and the like- is strictly forbidden.

GENERAL

The Agreement herein represents the full agreement by and between the parties and invalidates any and all prior contracts and representations by and between the same parties. Should any stipulation of the Agreement herein be deemed unenforceable, for whatever reason, said stipulation shall be amended only to the extent in which it is made enforceable and the rest of the stipulations shall continue in force. The fact that the Company chooses not to bring action against anyone or any third party due to a violation of the Agreement herein shall neither be construed as a waiver of the right of the Company to file said action, nor shall it limit the rights of the Company regarding said violation or any subsequent violation. The Agreement herein shall be governed and construed according to the laws of the United Mexican States. Any action or procedure stemming from or related to the Agreement herein or with the use of this Site shall be filed with the local or federal courts of Mexico City, Mexico.

COMMENTS, FEEDBACK, COMMUNICATION, AND OTHER USER MATERIALS

All comments, feedback, communication, suggestions, ideas and other materials provided for, presented or offered to Walmart, on or through this Site or which by other means are provided, presented or offered with regards to the use made of this site (hereinafter and jointly known as Comments) shall be and continue to be the property of Walmart. Said providing, presenting or offering of Comments shall constitute a transfer of rights in favor of Walmart, regarding pecuniary rights of copyrights and other intellectual goods contained in said Comments. For this reason, Walmart shall be the sole owner of said rights, with no limits regarding its use, either commercial or of any other nature. Walmart is not obligated to: (1) maintain Comments confidential; (2) pay the user any compensation whatsoever for the same; or (3) respond to the Comments of any user. You shall hereby agree that no Comments posted to the Site may violate the rights of any third party, including copyrights and/or industrial property rights, the treatment of personal data or any other personal or property rights.  Also hereby agreed is that no Comment posted to the Site shall be or contain any slanderous material or anything else deemed illicit, offensive or obscene. You are and shall continue to be the sole responsible for the content of any Comments you make. We accept your comments regarding the Site. The Comments you send shall constitute a transfer in favor of Walmart of pecuniary rights regarding copyrights and any other intellectual property rights of the same. Walmart shall have the right to use, reproduce, divulge, publish, and distribute any material presented, regardless of its purpose, with no limitations whatsoever or compensation for you. With this in mind, we ask you not send any Comment whose ownership thereof you do not wish to transfer, including confidential information or any other original creative material such as stories, product ideas, computer codes, or original illustrations.

COLORS

We have done everything within our possibilities to display as accurately as possible the true colors of the products appearing on the Site. However, the precision of the colors depends on your monitor, and therefore we cannot guarantee that the colors shown on your screen are a true reflection of the product being viewed.

COMPENSATION

You are hereby obligated to protect, compensate and hold Walmart and its subsidiaries harmless from all and any claims, damages, costs and expenses, including lawyer fees stemming from or related to improper use of the Site or of the information supplied, regarding Comments, Feedback, Communication, and other Materials sent to said Site.

TERMINATION

The terms herein shall be in force indefinitely, unless expressly terminated. If you wish to terminate the Agreement herein, you may do so at any moment provided you also terminate use of the Site. Should you once again make use of the Site, it shall be understood that once again you agree to the terms of the Agreement herein. Walmart may also terminate the Agreement herein at any moment, immediately and without prior notice, thereby denying access to the Site to anyone who, at Walmart’s discretion, violates any condition or provision of the same. Upon termination of the Agreement, either by Walmart or by you, all materials you have downloaded, or which you obtained from the Site by any other means, including copies of the same, must be immediately destroyed, notwithstanding that said obtainment was performed pursuant to terms of use or by any other means.  

WAIVER

WALMART OFFERS THIS SITE “AS IS” AND “AS AVAILABLE”. NO REPRESENTATION IS MADE OR ANY GUARANTEES OF ANY TYPE OFFERED, EITHER EXPRESSLY OR IMPLICITLY, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS THEREIN. TO THE MAXIMUM EXTENT PERMITED BY ANY APPLICABLE LEGISLATION IN FORCE, WALMART OFFERS NO GUARANTEES, EXPRESSLY OR IMPLICITLY, INCLUDING GUARANTEES THAT THE PRODUCT OR SERVICE IS SIMILAR IN TYPE AND QUALITY AS THOSE OFFERED ON THE MARKET, OR THAT SAID PRODUCT OR SERVICE IS SUITABLE TO THE PURPOSE OFFERED. NOTWITHSTANDING THE AFOREMENTIONED, WALMART OFFERS NO GUARANTEE, EXPRESS OR IMPLICIT, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. BY USING THE WALMEX.MX WEBSITE, YOU ACCEPT THAT SAID USE IS AT YOUR OWN RISK. THIS WAIVER DOES NOT APPLY TO ANY PRODUCT GUARANTEE OFFERED BY THE MANUFACTURER OF ANY ITEM. THIS WAIVER IS A FUNDAMENTAL PART OF THE AGREEMENT HEREIN AND INCORPORATED HERETO.

LIMITED LIABILITY           

UNDER NO CIRCUMSTANCES OR ANY LEGAL THEORY, NEITHER WALMART NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SALES PERSONNEL OR SUPPLIERS SHALL BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL OR INCIDENTAL LOSSES OR DAMAGES OF ANY TYPE, STEMMING FROM OR RELATED TO THE USE OR INCAPACITY TO USE THE WALMEX.MX WEBSITE, INCLUDING DAMAGES AND LOST PROFITS, LOSS OF GOODWILL, LOSS OF INFORMATION, LABOR STOPPAGE, ACCURACY IN RESULTS, COMPUTER FAILURES OR LACK OF OPERATION DESPITE HAVING NOTIFIED AN AUTHORIZED REPRESENTATIVE OF WALMART, OR IF SAID REPRESENTATIVE SHOULD KNOW OF THE POSSIBILITY OF SAID DAMAGES.

Copyright  ©  2011 Wal-Mart de México, S.A.B. de C.V.
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