Terms of service

Thank you for your interest in the website ev-mercado (collectively, the "Website"). Please read the following terms and conditions carefully. By accessing the Website or any services provided to you through the Website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. If you do not meet the conditions or disagree with any of the terms, you have no rights in this Website.

Purchases; Additional Terms and Conditions
Purchases of goods or services and certain portions of the Site may be subject to additional terms and conditions; all other terms are incorporated into these Terms by reference. You agree to abide by all other such terms and conditions, including representations that you are of legal age to use portions of the Site or Services. If there is any conflict between these Terms and the specific terms for this portion of the Site or for specific services offered on the Site, you agree that these Terms will control with respect to your use of that portion of the Site or those specific services.

User Content
3.1 User Content in General.

Certain features of the Site (such as the ev-mercado.com Forums) may allow users to upload content to the Site, including messages, comments, photos, videos, images, files, data, text, and other types of works ("User Content") and post User Content on the Site. You retain copyright and any other proprietary rights you may have in User Content posted to the Site.

3.2 Limited License Grant to ev-mercado.com.

By posting or publishing User Content, you grant ev-mercado a worldwide, non-exclusive, royalty-free, fully paid-up right and license (with the right to sublicense) to host, store, transmit, display, perform, reproduce, modify format for display purposes, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or later developed.

3.3 Limited License Grant to Other Users.

By posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content in accordance with these Terms and the features of the Site.

3.4 Representations and Warranties Regarding User Content.

You are solely responsible for your User Content and the consequences of posting or publishing it. By posting or publishing User Content, you affirm, represent and warrant that:

a). You are the creator and owner of the User Content or have the necessary permissions, rights, consents and licenses to authorize ev-mercado and the Site’s users to use and distribute your User Content as necessary to exercise the permissions granted by you in this Section, ev-mercado, the Site and these Terms;

b). Your User Content and use of your User Content as defined in these Terms does not and will not: (1) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy, publicity right or any other intellectual property or proprietary right; (2) defame, libel, slander or invade the privacy, publicity or other property right of another; or (3) cause ev-mercado.com to violate any law or regulation.

3.5 User Content Disclaimer

ev-mercado.com has no obligation to edit or control User Content that you or other users publish or post, and assumes no responsibility for User Content. However, ev-mercado.com may screen, delete, edit or block any User Content that we deem to be in violation of these Terms or otherwise offensive at any time and without prior notice. You understand that when you visit the Site, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive and do waive any legal or equitable rights or remedies you have or may have with respect to User Content on ev-mercado.com. We expressly disclaim any liability for User Content. If a user is notified by a user or content owner that the content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content. We reserve the right to take such action at any time and without prior notice. For clarity, ev-mercado.com does not permit copyright infringing activities on the Site.

Use of the Website
By using the Website and entering these Terms, you represent and warrant that your use of the Website complies with and complies with all applicable laws, statutes and regulations and that you will not use the Website in any manner not expressly permitted by these Terms.

Prohibited Conduct
By using the Website, you agree not to.

5.1 Access the Website for any unlawful purpose or in violation of any local, state, national or international law;

5.2 Conduct activities that may cause harm to others or damage ev-mercado.com's reputation for innovation;

5.3 Violate or encourage others to violate the rights of any third party, including infringing or misappropriating any third party's intellectual property rights or violating any third party's privacy rights;

5.4 Interfere with security-related features of the Site, including (a) disabling or circumventing the ability to prevent or restrict the use or copying of any Content; (b) reverse engineering or otherwise attempting to discover the source code of any part of the Site, except to the extent that such activity is expressly permitted by applicable law; or

5.5 Interfere with the operation of the Site or any user's use of the Site, including (a) uploading or otherwise transmitting any virus, adware, spyware, worm or other malicious code; (b) making unsolicited offers or advertisements to other users of the Site; (c) attempting to collect personal information about other users or third parties without consent; (d) interfering with or disrupting any network, equipment or server connected to or used to provide the Site, or violating any regulations, policies or procedures of any such network, equipment or server;

5.6 Engage in any fraudulent activity in connection with your access to or acquisition of the Site, including impersonating any person or entity, claiming a false affiliation, accessing any other ev-mercado.com account without permission, or falsifying your age or date of birth;

5.7 sell or otherwise transfer any access granted under these Terms or any Materials (as defined in Section 10), or any right or ability to view, access or use any Materials;

5.8 bypass any security or other features of the Website designed to control how the Website may be used, harvest or mine User Content from the Website, or otherwise access or enter the Website in a manner incompatible with your personal use;

5.9 use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or extract data;

5.10 use, display, mirror, frame or use framing techniques to close the Website or User Content or any portion thereof, except that ev-mercado.com embeds any portion of the Website or User Content solely to the extent available;

5.11 access, tamper with or use non-public areas of the Website, the computer systems and infrastructure of ev-mercado.com (and any of its hosting companies), or the technical delivery systems of ev-mercado.com’s providers;

5.12 Harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party in any way;

5.13 Sell or otherwise transfer access or any Materials granted under these Terms, or any right or ability to view, access or use any Materials;

Termination of Use; Termination and Modification of Website
If you violate any of these Terms, your access to our Website will automatically terminate. In addition, ev-mercado.com may terminate your ev-mercado.com account or suspend or terminate your access to the Website at any time, for any reason or no reason, in its sole discretion, without prior notice. We also reserve the right to modify or discontinue the Website or its features at any time, permanently, without prior notice to you. We will not be liable for any changes to the Website or any suspension or termination of your access to or discontinuance of the Website. Without limiting the foregoing, you understand and agree that upon termination or discontinuance of your account or the Website, you will not have access to any data or content posted to the Website or the Website, and we will not be liable to provide you with access to such data or content.

Privacy Policy; Additional Terms
7.1 Privacy Policy

Please read the ev-mercado.com Privacy Policy carefully to understand our collection and use of your personal information. The ev-mercado.com Privacy Policy incorporates these Terms and is made a part of these Terms by this reference.

7.2 Additional Terms

Your access to the Site is subject to any additional terms, policies, rules or guidelines applicable to the Site (“Other Terms”), such as the ev-mercado.com Forum Rules or the ev-mercado.com Store Terms of Sale. All Other Terms are incorporated by this reference and made a part of these Terms.

Modification of these Terms
We reserve the right to change these Terms at any time and at our sole discretion. Please check these Terms periodically for any changes. Modified versions of these Terms will be effective from the date they are posted. If we make material changes to these Terms, we will attempt to provide you with reasonable notice prior to those changes becoming effective. By continuing to access the Site, you agree to be bound by the updated, revised or modified Terms. If you do not agree to be bound by the revised Terms, you must immediately cease accessing or using the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arises.

Ownership; Proprietary Rights
The Site is owned by ev-mercado.com. The visual interface, graphics, design, compilation, information, data, computer code, products, software, services and all other elements provided by ev-mercado.com are protected by intellectual property and other laws. All materials contained on the Site are the property of ev-mercado.com and its third-party licensors. You may not use the materials except as expressly authorized by ev-mercado.com. ev-mercado.com reserves all rights in the materials not expressly granted in these Terms.

Feedback
If you choose to provide comments or suggestions for modifications or improvements to the Site or any service or product offered by ev-mercado ("Feedback"), you hereby grant ev-mercado.com the unlimited, perpetual, irrevocable, and non-exclusive, fully paid, royalty-free right to use such Feedback in any manner and for any purpose, without any fees being paid by you for such use.

Indemnification
You are responsible for accessing the Site. You shall defend and hold harmless ev-mercado.com and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "ev-mercado.com Entities") from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) and indemnities. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your obligation to indemnify that matter), and in such event, you agree to cooperate with us in our defense of that claim.

DISCLAIMER; NO WARRANTIES
The Site and all Materials and User Content available through the Site are provided on an "as is" and "as available" basis, without warranties or conditions of any kind, either express or implied. The ev-mercado.com Entities disclaim all warranties of any kind, whether express or implied, with respect to the Site and all Materials and User Content available on the Site, including: (A) any express warranties of merchantability, fitness for a particular purpose, or quiet enjoyment; and (B) any warranties arising from a course of dealing, usage, or trade. The ev-mercado.com Entities do not warrant that the Site or any part of the Site, or any Materials or User Content available through the Site, will be uninterrupted, secure, or error-free, or free of viruses or other harmful components. That any such problems will be corrected.

No advice or information, whether oral or written, obtained by you from the Site, or any Materials or User Content available through the Site, shall create any warranty not expressly stated by the ev-mercado Entities or the Site. You assume the entire risk of damages arising from your use of or access to the Site and any Materials or User Content available through the Site. You understand and agree that you use this website at your own discretion and that you are not responsible for any personal injury, death, damage to your or a third party's property, or loss of data resulting from your use.

Notwithstanding the foregoing, ev-mercado.com will not disclaim any warranty or other rights that ev-mercado.com would not be prohibited under applicable law.

Dispute Resolution and Arbitration
13.1 General

In order to resolve disputes between you and ev-mercado.com in the most expedient and cost-effective manner, you and ev-mercado.com agree that all disputes arising out of or relating to these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator, rather than a judge or jury, so it may result in more limited discovery than in court and may be subject to very limited review by a court. An arbitrator can award the same damages and relief as a court. This agreement to arbitrate disputes includes all claims arising out of or related to any aspect of these Terms, whether based in contract, tort, severance, fraud, misrepresentation, or any other legal theory, and whether a claim arises during or after arbitration. Termination of these Terms.

You understand and agree that by entering into these Terms, you and ev-mercado.com are each asserting the right to a trial by jury or a class action lawsuit.

13.2 Exceptions

Notwithstanding Section 13.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit either party’s right to: (a) bring an individual action in small claims court; (b) if applicable, pursue enforcement action through applicable federal, state, or local agencies; (c) seek injunctive relief in court; or (d) litigate in court to resolve intellectual property infringement claims.

13.3 Arbitrators

Any arbitration between you and ev-mercado.com will be settled under the Federal Arbitration Act and governed by the Commercial Arbitration Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms may be obtained by calling the AAA or contacting ev-mercado.com.

13.4 Notice; Processing
A party who intends to arbitrate must first send to the other party a written notice of the dispute, which may be sent by certified U.S. Mail or Federal Express (signature required), or, only if the other party has not provided a current physical address, by electronic mail. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). The parties will use good faith efforts to resolve the Claim directly, but if the parties do not reach an agreement within 30 days after the Notice is received, you or ev-mercado.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or ev-mercado.com must be disclosed to the arbitrator after the arbitrator’s final decision and award, if any. If the Dispute is finally resolved in your favor through arbitration, ev-mercado.com will pay you the highest of: (1) the amount of the arbitrator’s award, if any; (2) the final written settlement amount of the Dispute offered by ev-mercado.com before the arbitrator’s award; or (3) $1,000.

13.5 Costs
If you commence arbitration under these Terms, ev-mercado.com will reimburse you for the filing fee you paid, unless your claim is for more than $10,000, in which case the payment of all fees will be determined by the AAA Rules. The arbitration will be held at an agreed location in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) by in-person, telephone hearing; or (c) by in-person hearing established by the AAA Rules for the county (or parish) where your billing address is located. If the arbitrator finds that your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), both will be governed by the AAA Rules. In such event, you agree to reimburse all amounts previously paid by ev-mercado.com that you would otherwise be obligated to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may, at any time in the proceeding and upon request of either party, render an award within 14 days after the arbitrator’s decision on the merits and resolve disputes regarding the payment and reimbursement of fees or expenses.

13.6 No Class Actions

You and ev-mercado.com agree that each party may bring claims against the other only in your or his or her individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and ev-mercado.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding.

13.7 Modifications to this Arbitration Provision

If ev-mercado.com makes any future changes to this Arbitration Provision (other than a change to ev-mercado.com’s Notice address), you may reject such change by sending us written notice within 30 days of the change to ev-mercado.com’s Notice address, in which case your ev-mercado.com account will terminate immediately and this Arbitration Provision (in effect immediately prior to the change you reject) will survive.

13.8 Enforceability
If Section 13.6 is found to be unenforceable, or if this Section 13 is unenforceable in its entirety, then this Section 13 (except Section 13.6 in the latter case) will be null and void, and in such event, the parties agree that the exclusive jurisdiction and venue described in the following clause will govern any action arising out of or related to these Terms.

Consent to Electronic Communications
By visiting this website, you consent to receive certain communications from us electronically, as described in our Privacy Policy. Please read our Privacy Policy for more information about our electronic communications practices. You agree that any notices, agreements, disclosures or other communications we send to you electronically will satisfy any legal communication requirements, including that communications be in writing.

Contact Us
If you have any questions or concerns about our Privacy Policy, or about the security of our website, you can email us at info@ev-mercado.com

EV-Mercado
CALL or TEXT: +1 949-307-0886
Monday-Friday: 9:00 am-6:30 pm (PST)