1. WEBSITE SERVICES AND CONDITIONS

These general conditions (hereinafter “General Conditions”) regulate the use of the services of the following webpages: www.fortesubito.com and www.fortesubito.es (hereinafter the “webpages”), made available to Internet users by Fortesubito.

The information contained on the present webpages is valid at the most recent publication date and should be considered information of a general and orientational character.

Use of the webpages attributes the condition of webpage user (hereinafter the “user”) and implies full acceptance without reservation of each and every one of the items included in these General Conditions as published by Fortesubito the very moment the user accesses the webpages. Consequently, the user must read the present General Conditions closely each time they set out to use the webpages, as these are subject to change.

2. OBJECT

Through the webpages, Fortesubito grants users access to and use of diverse information and services (hereinafter the “Content”) made available by Fortesubito.

3. CONDITIONS FOR ACCESSING AND USE OF THE WEBPAGES

3.1.- Gratuitous character of access to and use of the webpages.- Users may access and use the webpages at no cost. The user agrees to use the webpages in a manner compliant with the Law, in keeping with the provisions of the present General Conditions, as well as morality and public convention and order.

3.2.- User registration.- In general, the provision of the services and access to the information on the webpages is not subject to prior user subscription or registration. However, Fortesubito conditions the use of some services toward previous completion of the corresponding registration or user information form. Said registration shall occur as expressly indicated in the service itself or the Particular Conditions regulating it, as the case may be.

3.3.- Obligation of correct use of the webpages.- The user agrees to use the webpages and their Content correctly and in accordance with the Law and, particularly, commits to abstain from: (a) using the Content in a way, or to ends or effects, in breach of the Law, morality and common convention, or public order; engaging in actions infringing on the rights or interests of third parties or that could in any way harm, disable, overload, or deteriorate the webpages or hamper normal usage or enjoyment of the same by other users; (b) reproducing or copying any of the webpages’ content, unless authorized by the holder of the corresponding rights; (c) deleting, eluding, or manipulating the copyright and other identifying information pertaining to the rights of Fortesubito, or holders thereof, included in webpage content, as well as technical protection devices or any information mechanisms that may be contained in webpage content.

4. CHARACTER OF THE INFORMATION CONTAINED ON THE WEBPAGE

The information on the webpages shall be of a non-binding, general, and orientational character, and is subject to changes. Fortesubito reserves the right to unilaterally modify, at any moment and without prior notice, the presentation and configuration of the webpages, as well as the conditions for usage of the same.

These webpages have been created in good faith by Fortesubito; however, with no guarantee as to the exhaustiveness and exactness of the information contained therein. In particular, we are obliged to advise that this information may be incomplete, could contain errors, or be out-of-date, and furthermore Fortesubito shall not be held responsible for any lack of veracity or precision of the information contained on the webpages, within the limits of the Law. Therefore, before taking any action deriving from the content, the information obtained through these webpages must be verified by contacting the Fortesubito Client Service Department with any queries pertaining to the Content at the following e-mail address: hi@fortesubito.com.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Fortesubito is the holder of all industrial property rights referring to its products and services and specifically those pertaining to the registered trademark “Fortesubito”. With regard to citing of third-party products and services, Fortesubito recognises the corresponding industrial or intellectual property rights in favour of the holders, the mere mention or appearance on the webpages not implying the existence of any rights or responsibility whatsoever on the part of Fortesubito regarding the same, nor implying Fortesubito’s endorsement, sponsorship, or recommendation.

Unauthorized use of the information on these webpages, its resale, as well as infringement of Fortesubito’s Intellectual or Industrial Property rights shall incur those responsibilities established by law.

6. DATA PROTECTION POLICY

Fortesubito informs users of the www.fortesubito.com portal that their personal information can only be collected for processing when it is adequate, pertinent, and not excessive in relation to the specific, explicit, and legitimate area and ends for which it has been obtained. It will be cancelled when it ceases to be necessary or pertinent for said ends, or when so requested by the user in exercise of their right to cancellation.

When personal information is collected through www.fortesubito.com, the user shall be previously notified, in a clear and unequivocal manner, of the following items:

• The existence of a file or processing of data of a personal nature, the end to which it is collected, and to whom said information is sent.
• The inscription of the file in the Data Protection Agency Registry.
• The obligatory or facultative character of the questions posed, as the case may be, as well as the consequences of the collection of data or of not providing it.
• The possibility of exercising rights to access, rectify, cancel, and oppose.
• The identity and address of the person responsible for the handling of the data.

The user alone shall be held responsible for any false, inaccurate, incomplete, or outdated information entered on the forms. Any sharing of the personal data of the portal’s users with third parties shall be duly communicated to those affected, specifying the identity of the recipients and the end to which the shared information will be processed.

7. LIABILITY

Fortesubito shall not be held liable for any damages or harm of any nature that may arise from transmission, dissemination, storage, supplying, reception, acquisition, or accessing of the Content, especially, but not exclusively, damages arising from:

A. Breach of the law, morality and common convention, or public order as a consequence of transmission, dissemination, storage, supplying, reception, acquisition, or accessing of the content.

B. Infringement of the intellectual and industrial property rights, contractual obligations of any nature, and property rights of every other nature held by third parties due to transmission, dissemination, storage, supplying, reception, acquisition, or accessing of the Content.

C. The carrying out of acts of disloyal competition and illicit advertising as a consequence of transmission, dissemination, storage, supplying, reception, acquisition, or accessing of the content.

D. Lack of veracity, exactitude, exhaustiveness, pertinence, and/or currentness of the Content.

E. Unsuitability for any purpose and failure to meet expectations generated by the Content.

F. Vices and defects of any kind in Content transmitted, disseminated, stored, supplied or otherwise set forth or made available, received, acquired, or accessed through the webpages.

8. JURISDICTION

Expressly waiving any other jurisdiction, parties shall submit to that of the juries and courts of the user’s residence for any controversy that might arise from accessing this webpage. Should the user reside outside of Spain, Fortesubito and the user submit, expressly waiving any other jurisdiction, to the juries and courts of the city of Madrid (Spain).

9. TERM AND TERMINATION

The duration of the webpages is initially undefined. However, Fortesubito may terminate or suspend the webpages at any time.