PUNTOMIO, A SERVICE OF SKYSHOP LOGISTICS GROUP, INC. (“PuntoMio”), STRONGLY ENCOURAGES YOU TO READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU WILL HAVE AGREED TO THE TERMS AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY, WHICH WILL GOVERN YOUR RELATIONSHIP WITH PUNTOMIO, YOUR USE OF THIS WEBSITE AND ANY PURCHASE YOU MAKE.
Using this website subjects the user (“you”) to all terms and conditions set forth below, together with all otherwise applicable laws and regulations. Before being permitted to complete a purchase using this website and the PuntoMio services, you will be required to check a box acknowledging that you have reviewed and agreed to these terms and conditions (the “Agreement”). PuntoMio reserves the sole and exclusive discretion to augment, update and/or otherwise modify this Agreement at any time without prior notice. If you do not agree to abide by the Agreement set forth below, do not use this website.
1. NATURE OF TRANSACTION
PuntoMio works with multiple vendors in the United States (the “Supplier”) to make their merchandise available to consumers living outside of the United States through the PuntoMio network, and to provide you with an opportunity to purchase such merchandise inclusive of international shipping costs, brokerage costs, import duty and sales or use taxes. By placing an order with PuntoMio, you acknowledge that your transaction will be with PuntoMio, not with the Supplier, and that upon successful verification by PuntoMio of the authenticity and sufficiency of the payment information you provide, that PuntoMio will purchase the merchandise you order (the “Product(s)”) from the Supplier for the sole purpose of immediately reselling it to you for the amounts presented to and agreed-upon by you. Once the order is confirmed, the Supplier will deliver the Product(s) you order to PuntoMio affiliate, SkyPostal, Inc. (the “Authorized Export Agent”) for exportation from the United States and delivery to the country of your registered address. PuntoMio will provide its own payment information to the Supplier to purchase the Product(s) you have ordered, and PuntoMio will resell the Product(s) to you using the payment information you have provided. PuntoMio will also use the payment information you provided to charge you for all shipping charges, brokerage fees, handling fees, re-packaging fees, import duties and any sales or use taxes. You acknowledge that PuntoMio shall be entitled to verify the authenticity and sufficiency of the payment information you provide, and if PuntoMio is unable to verify the information automatically, PuntoMio representatives may contact you and/or your credit card issuing bank to confirm your identity and/or your intent to place the order. PuntoMio has not accepted an order from you, and PuntoMio makes no commitment of any kind to provide the Product(s) to you, until PuntoMio has actually received payment from you and the Authorized Export Agent has received from the Supplier the Product(s) which you order.
The Product(s) ordered through this website shall be delivered to the Authorized Export Agent using the unique customer identification number that PuntoMio provided to you upon registration as a PuntoMio customer. PuntoMio will cause the Authorized Export Agent to export the Product(s) you purchase from PuntoMio to your address outside of the United States as soon as practicable after delivery to the Authorized Export Agent’s facility located at 7805 N.W. 15 Street, Doral, Florida 33126-1109, or such other address as PuntoMio or the Authorized Export Agent shall notify you to use. No delivery of the Product(s) ordered using this website will be made to any address in the United States.
2. NON-COMMERCIAL USE INTENT AND COMPLIANCE WITH U.S. EXPORTS AND SANCTIONS LAW(S)
The Supplier’s merchandise available through this website is intended for non-commercial use, and purchase of any such merchandise for resale purposes is prohibited. Further, by agreeing to these terms and conditions, you are certifying that any items purchased from PuntoMio will not be exported, sold, or transferred in violation of the Export Administration Regulations administered by the Bureau of Industry and Security of the U.S. Department of Commerce, or other regulations applicable United States-imposed Sanctions, embargoes and other limitations administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury.
3. PRODUCT INFORMATION
We take commercially reasonable care to ensure that information on the merchandise offered for sale by the Supplier including price, availability, specifications and images will be as accurate as possible. However, the merchandise offered by the Supplier will be regularly updated which may affect the images, availability, specifications and prices. You should also be aware that any merchandise featured on using the website are not to scale (unless specifically stated in the individual product descriptions). Any typographical, clerical or other error or omission on any page of the website shall be subject to correction without any liability on our part.
4. HEALTH & SAFETY
YOU MUST, UPON RECEIPT OF ANY THE PRODUCT(S) ORDERED, READ CAREFULLY ANY SAFETY WARNINGS AND FOLLOW CLEARLY ANY GUIDELINES ON HOW TO USE THE PRODUCT(S). IF YOU ARE IN ANY DOUBT ABOUT THE USE OF THE PRODUCT(S), THE MEANING OF ANY WARNINGS, OR WHETHER YOUR INTENDED USE OF THE PRODUCT(S) IS SAFE, WE URGE YOU TO CONTACT THE MANUFACTURER FOR CLARIFICATION PRIOR TO USE. PUNTOMIO WILL NOT BE HELD RESPONSIBLE FOR ANY NEGLIGENT USE OR MISUSE OF PRODUCT(S) PURCHASED. NOTHING IN THESE GUIDELINES SHOULD BE THOUGHT TO SUPERSEDE, OR TO ALTER, OR TO TAKE PRECEDENCE OVER MANUFACTURERS' INSTRUCTIONS. IF NO INSTRUCTIONS ARE ISSUED AND YOU HAVE A QUERY ABOUT HOW TO USE THE PRODUCT(S) YOU ARE PURCHASING, WE REQUEST THAT YOU CONSULT THE MANUFACTURER.
5. AVAILABILITY AND PRICING OF PRODUCT
As we process your order, we will inform you by e-mail if any of the Product(s) are unavailable. Occasionally Product(s) may be temporarily out of stock. If this occurs, we will only process your payment once this product arrives in our warehouse. If after 7 days your product is still unavailable we will take full payment, which is refundable up until the time your order is dispatched from our stores.
The price of the Product(s) will be the price set out on the relevant page of the Website (except in cases of obvious error) together with the delivery charges and customs duties and taxes, where applicable which will be added to the total amount due We reserve the right to change the prices at any time. Whilst prices are liable to change at any time, the changes will not affect orders in respect of which we have already sent you a purchase confirmation E-mail.
We make every effort to ensure that all prices are accurate and up to date sometimes errors do occur and the prices stated are incorrect. Where the correct price is higher than the one on our Website we will inform you of the correct price to confirm whether you would like to continue with the transaction. We are under no obligation to provide the Product(s) to you at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. If the correct price is in fact lower than the price on our Website, we will either contact you and discuss the pricing error before we proceed with your order, or notify you of the error and cancel your order or you will receive a refund for the difference between the selling price and the actual price.
All our prices are shown in United States Dollars ("USD"). You will however be liable for any import duties and taxes, which may be charged in a currency other than USD that may be levied in the country of delivery..
6. TITLE TO GOODS
After PuntoMio purchases and takes title of the Product(s) from the Supplier to fulfill an order you have placed, title of the Product(s) shall transfer from PuntoMio to you at the time of shipment of the Product(s) from Authorized Export Agent’s facility in the United States.
7. PAYMENT BY CREDIT CARD
Your credit card will be billed by PuntoMio . You confirm that you are authorized to use the payment card to pay for the product(s) ordered and you further confirm that you authorize us to deduct from the payment card the full price of the Product(s) and all other payments which may be due such as any processing fees, delivery charges and applicable customs taxes and duties.
All payments for Product(s) shall appear on your credit card statement as "PUNTOMIO" and shall be effected in US Dollars. The payments shall, where applicable, be converted into your home currency at the rate prevailing on the date of the payment. You agree that any charges relating to payment in a currency other than US Dollars will be borne by you. The rate of exchange between US Dollars and your local currency is determined by your issuing credit card provider and may include a mark up on the standard exchange rate between US Dollars and your local currency and/or a transaction fee. We have no control over the rate of exchange used by your credit card provider, nor do we have any control over any transaction fees which may be applied by your credit card provider. Please note therefore that any such variances in the exchange rate or transaction fees are solely for your account.
You will only be billed for the Product(s) at the moment that it is ordered by you. Once you order the Product(s), such order is an irrevocable purchase and cannot be cancelled.
8. BROKERS; THIRD PARTIES; USE OF AFFILIATES
By ordering goods from PuntoMio, you hereby authorize a licensed customs broker chosen by PuntoMio and that may be an affiliate of PuntoMio to act as your agent and to transact business with foreign revenue authorities in your country of residence to clear your merchandise through customs, account for duties and taxes on your behalf, return the Product(s) and prepare and submit refund claims on your behalf for any of the Product(s) that you return. PuntoMio may subcontract all or any portion of the services it provides through this website with any third party or affiliated entity.
9. CUSTOMER OBLIGATIONS CONCERNING SHIPPING
You shall be solely responsible for compliance with any laws applicable to you resulting from the use of the PuntoMio website. You hereby agree to comply with the postal and import laws of your own home country and of the United States of America. You are solely responsible for knowing all laws, regulations, rules and restrictions before ordering the Product(s) through PuntoMio for delivery to your country of residence. PuntoMio shall not be responsible for the Product(s) that are lost due to customs seizure. The Product(s) may be abandoned, and you will be held liable for storage charges, return shipping, duties and taxes, and for all other costs incurred by PuntoMio if:
- You refuse delivery of the Product(s);
- The Authorized Export Agent, PuntoMio or the customs broker or carrier in your country is unable to contact you to confirm pick-up or delivery of the Product(s);
- You provided an invalid address or other invalid contact information;
- Your parcel is returned by customs because the Product(s) is restricted from import into your country; or,
- You refuse to pay any charges imposed by any governmental authority.
10. CUSTOMS DUTIES AND TAXATION
When ordering Product(s) from us we will include import duties and taxes ("Import Duties"), which are levied upon importation. Any additional charges for Import Duties must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering Product(s) from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Also, we may provide certain order, delivery and product information, such as product description or titles, to our delivery companies and such information may be communicated by them to customs authorities in order to facilitate customs clearance and comply with local laws.
Please also note that you must comply with all applicable laws and regulations of the country to which the products are destined. We will not be liable for any breach by you of any such laws.
11. INTERNATIONAL TRANSACTIONS
Some manufacturers or the Supplier may restrict PuntoMio from selling certain of the products they produce or sell to buyers located outside the United States. In such cases, your order may be cancelled at the sole option of PuntoMio in the event that the Product(s) you order cannot be shipped to the country of your residence, or if we believe, in good faith, that shipping the order will violate any laws. PuntoMio and the Authorized Export Agent will not ship to persons and /or entities identified on any U.S. Department of Commerce Denied Persons List, Entity List of Proliferation Concern, on the US State Department Debarred Parties List or the Designated Nationals exclusion list, the BIS "Unverified List" and the "List of Specially Designated Nationals" maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; nor will PuntoMio or its Authorized Export Agent ship the Product(s) to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations.
12. COPYRIGHT AND TRADEMARKS NOTICE
Images of products, people or places displayed on this website are either the property of, or used with permission by, PuntoMio. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on this website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
This website and its content, including, but not limited to, the text, graphics, logos, button icons, software and images used herein and their arrangement, belong to PuntoMio, the Supplier or their respective content suppliers and are protected by United States and international copyright laws. The compilation of all content on this website and the collective work in the selection, coordination, arrangement and enhancement of the content on the website are the exclusive property of PuntoMio and protected by United States and international copyright laws. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the content contained in this website is permitted without the express prior written permission of PuntoMio or its suppliers. You agree that printing, downloading or otherwise using any content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in any of the content contained in this website.
All software used on this website is the property of PuntoMio or its software suppliers and protected by United States and international copyright laws.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the website, including, without limitation, the names “PuntoMio,” “GlobalShop,” “Virtual Mall,” “Concierge Service,” “SkyShop Logistics, Inc.,” ”Global e-cart, “SkyPostal,” “SkyPostal Networks, Inc.,” and their respective logos are registered and unregistered Trademarks of SkyShop Logistics, Inc. or its rightful owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of PuntoMio or such owners of the Trademarks. Any use of third party Trademarks on the Website is done either by permission of the Trademarks’ owners, or as part of a “News” story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting PuntoMio any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in this Agreement, is strictly prohibited. You are also advised that PuntoMio will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
13. RESTRICTIONS ON USE
Subject to the additional limitations set forth elsewhere in this Agreement, PuntoMio grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of PuntoMio. This license does not include any resale or commercial use of this website or its content; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PuntoMio. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PuntoMio without express written consent. You may not use any meta tags or any other “hidden text” utilizing PuntoMio’s name or trademarks without the express written consent of PuntoMio. Any unauthorized use terminates the permission or license granted by PuntoMio. You are not authorized to hyperlink other websites to this website and/or to use materials belonging to PuntoMio on your website in any way whatsoever without receiving the express written consent of PuntoMio. PuntoMio reserves all rights not expressly granted to you in this Agreement.
14. THIRD PARTY WEBSITES
PuntoMio may include on this website links and/or pointers to other websites maintained by third parties (“third-party websites”). It may also include other materials produced and/or maintained by third parties. Any such link and/or pointer to a third-party website, and/or any other third-party materials, have been included exclusively for your convenience and should not be construed as permission to use third-party websites or materials in any way not explicitly permitted by the third-party. PuntoMio does not operate or control in any manner whatsoever any information, product and/or service available on any such third-party website and is not responsible for their content. PuntoMio makes no representations whatsoever concerning the content of any third-party website. The fact that PuntoMio has provided a link and/or pointer to any such website does not constitute an endorsement, authorization, sponsorship, and/or affiliation by PuntoMio with respect to such websites, its services, the products displayed, its owners, and/or its providers. Any user who chooses to access a third-party website and/or other third-party material does so exclusively at their own risk.
Using the internet carries certain risks. PuntoMio strongly cautions you to make sure that you understand those risks before using any information, software and/or products found on the internet or before retrieving, using, relying upon and/or purchasing anything through the internet. Visitors to this website assume all responsibilities and risks inherent in internet usage. Information published on this website is provided without charge as a convenience to users and should be used for informational purposes only.
NOTHING ON THIS WEBSITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND. ALTHOUGH PUNTOMIO HAS TAKEN COMMERCIALLY REASONABLE CARE WITH REGARD TO THIS WEBSITE’S CONTENT, PUNTOMIO DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE’S CONTENT IS ACCURATE, COMPLETE, RELIABLE OR CURRENT IN EVERY RESPECT, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS WEBSITE OR THE ASSOCIATED SERVER(S) WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE AND/OR WILL NOT CONTAIN OTHER POTENTIALLY HARMFUL COMPONENTS. THE CONTENT OF THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH PUNTOMIO ASSUMES NO RESPONSIBILITY.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD-PARTY WEBSITES, ARE PROVIDED BY PUNTOMIO ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
PuntoMio shall be excused from performance of its obligations, in whole or in part, under this Agreement if the failure or inability to perform is caused by reason of Force Majeure. "Force Majeure" as used herein means acts of God, fire, flood or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labor disputes, actions or restrictions of any governmental authority, or causes not within the reasonable control of PuntoMio.
16. LIMITED WARRANTY BY SUPPLIERS AND LIMITATION OF LIABILITY
PUNTOMIO WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CONTRACTUALLY REQUIRE THE SUPPLIER TO HONOR LIMITED WARRANTIES POSTED ON ITS WEBSITE(S) AT THE TIME OF YOUR PLACEMENT OF ORDERS WITH PUNTOMIO FORTHE PRODUCT(S). YOU AGREE TO ADDRESS ANY QUESTIONS ABOUT THE PRODUCT(S) AND REQUESTS FOR SUPPORT DIRECTLY WITH THE SUPPLIER. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY OF THE PRODUCT(S). ALL PRODUCT IMAGES, DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO PUNTOMIO BY THE SUPPLIER, AND PUNTOMIO DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY SUCH IMAGE, DESCRIPTION OR SPECIFICATION. PUNTOMIO PROVIDES NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY OF THE PRODUCT(S) IT SELLS TO YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, PUNTOMIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF ANY OF THE PRODUCT(S) PURCHASED USING THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT PUNTOMIO AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCT(S) YOU PURCHASE. YOU FURTHER AGREE THAT PUNTOMIO AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE SUPPLIER’S MISUSE OF YOUR PERSONAL DATA, WHERE YOU EXPLICITLY INSTRUCTED PUNTOMIO TO PROVIDE YOUR PERSONAL DATA TO THE SUPPLIER FOR THE PURPOSE OF SUBSCRIBING TO THEIR MARKETING MESSAGES. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED PUNTOMIO OF THE POSSIBLITY OF SUCH DAMAGES.
17. LIMITED WARRANTY BY PUNTOMIO AND LIMITATION OF LIABILITY
PUNTOMIO PROVIDES A LIMITED WARRANTY RELATED EXCLUSIVELY TO THE STORAGE, HANDLING, AND DELIVERY OF THE PRODUCT(S) AS SET FORTH AND LIMITED BY THIS SECTION. YOU ACKNOWLEDGE THAT PUNTOMIO SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE TO, OR DELAY IN DELIVERY OF THE PRODUCT(S) YOU PURCHASE, UNLESS DIRECTLY CAUSED BY PUNTOMIO OR THE AUTHORIZED EXPORT AGENT DURING THE STORAGE, HANDLING, OR DELIVERY OF THE PRODUCT(S) FOLLOWING ITS RECEIPT BY THE AUTHORIZED EXPORT AGENT. PUNTOMIO AND THE AUTHORIZED EXPORT AGENT SHALL HAVE NO LIABILITY FOR ANY DELAYS OR FAILURE TO SHIP IN THE EVENT THAT ANY OF THE PRODUCT(S) YOU INSTRUCT PUNTOMIO TO PURCHASE FROM SUPPLIER IS CONTROLLED UNDER U.S. EXPORT CONTROLS AND/OR SANCTIONS LAWS SUCH THAT THE PRODUCT(S) CANNOT BE SHIPPED TO YOU, OR IF PUNTOMIO OR THE AUTHORIZED EXPORT AGENT IS ADVISED AND BELIEVES IN GOOD FAITH THAT SHIPPING THE PRODUCT(S) WILL VIOLATE ANY LAWS. IN ADDITION, PUNTOMIO SHALL HAVE NO LIABILITY FOR DAMAGE OR DELAY UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. SUBJECT TO THE FOREGOING, PUNTOMIO'S LIABILITY SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT OR USD$2,500.00, WHICHEVER IS LESS. PUNTOMIO SHALL HAVE NO LIABILITY WHATSOEVER TO YOU IN THE EVENT THAT: (I) THE PRODUCT(S) WAS NOT RECEIVED BY THE AUTHORIZED EXPORT AGENT FROM THE SUPPLIER AT THE AUTHORIZED EXPORT AGENT’S APPLICABLE FACILITY IN THE U.S., OR IN THE CASE OF A RETURN FROM YOU AT PUNTOMIO’S APPLICABLE FACILTIY IN YOUR COUNTRY, OR WAS NEVER IN THE AUTHORIZED EXPORT AGENT'S PHYSICAL POSSESSION, AND (II) WHERE NEITHER SUPPLIER NOR YOU ARE ABLE TO PROVIDE SATISFACTORY PROOF OF SUCH RECEIPT OF THE PRODUCT(S) BY THE AUTHORIZED EXPORT AGENT. NOTWITHSTANDING THE FOREGOING LIMITED WARRANTY, PUNTOMIO SHALL NOT BE LIABLE FOR ANY OTHER DIRECT DAMAGES, OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED PUNTOMIO OF THE POSSIBILITY OF SUCH DAMAGES.
THE CUMULATIVE LIMITATION OF LIABILITY IN THIS SECTION IS SUPPLEMENTAL, AND THEREFORE APPLIES IN ADDITION TO, ANY OTHER LIMITATIONS OF LIABILITY IN THIS AGREEMENT. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PRODUCT(S), PUNTOMIO SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF THE PRODUCT(S).
You shall defend, indemnify and hold harmless PuntoMio, its subsidiaries and affiliates and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement; and (ii) any access or use of any of this website in violation of this Agreement.
19. YOUR ACCOUNT
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PuntoMio does sell products for children, but it only sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the PuntoMio website and its service only with the involvement and authorization of a parent or guardian. PuntoMio reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
20. COMMUNICATIONS AND SUBMISSIONS
All personal data you transmit to PuntoMio in connection with placing an order, logging-in and/or establishing an on-line account (e.g., your name, e-mail address, mailing address, telephone number and payment information) shall be treated as confidential information. Any other communication or materials you submit to PuntoMio or this website will be treated as non-confidential and non-proprietary.
By placing an order with PuntoMio, you acknowledge that PuntoMio reserves the right to analyze transactional data, in the aggregate, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of PuntoMio services. By way of example and not limitation, such aggregate use could include identifying market sensitivities, and relative market interest in specific product categories. For greater clarity, any transactional data analyzed will expressly exclude any personally-identifiable information and will be aggregated.
You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third-parties and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise act in a way tending to mislead with respect to origin and/or content. PuntoMio hereby reserves the right, but does not assume any obligation, to remove or edit content for any reason at its sole discretion.
By transmitting or posting any non-confidential information to PuntoMio or this website, you grant PuntoMio a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable and transferable right to use such information for any purpose, including, but not limited to, its reproduction, modification, adaptation, publication, translation, use in derivative works, distribution, and display throughout the world in any media. You also grant PuntoMio and sublicensees the right, at their sole discretion, but without any obligation to do so, to use the name you submit in connection with such content. You further agree that the license granted herein includes the right to use or authorize use of any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.
You represent and warrant that: (1) you own and/or otherwise control all rights to the content of your submissions; (2) the content is accurate; (3) use of the content you supply does not violate any terms of this Agreement and will not cause injury to any person or entity; and (4) you will indemnify PuntoMio against any claim(s) resulting from content you supply. You agree that neither PuntoMio nor its licensees will be liable to you for any use of any information you submit. PuntoMio has the right, but not the obligation, to monitor and edit or remove any content.
You acknowledge and agree that you are solely responsible for any information you submit to PuntoMio or this website and further agree that you, not PuntoMio, have full responsibility for the content of any such submissions, including their legality, reliability and appropriateness. PuntoMio takes no responsibility and assumes no liability for any content posted by you or any third party.
21. JURISDICTION AND CHOICE-OF-LAW
PuntoMio operates this website from offices located in the City of Doral, State of Florida in the United States of America. PuntoMio makes no representations that the materials in this website are appropriate or available for use in other jurisdictions. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all laws applicable to you.
You acknowledge that PuntoMio may be irreparably damaged if the terms of this Agreement are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, PuntoMio shall be entitled, in addition to all rights and remedies available at law, in equity or under the terms of this Agreement, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. This Agreement shall be interpreted according to the laws of the State of Florida. Any and all disputes that arise in connection with this Agreement and/or use of this website shall be adjudicated according to Florida law without regard to conflict-of-law principles. Any legal action pertaining to this Agreement and/or use of this website shall be commenced and adjudicated only in a court of competent jurisdiction situated in Miami-Dade County, Florida. By using this website, you consent to exclusive jurisdiction and venue in those courts and agree to accept service by Certified Mail at the mailing address you provide to PuntoMio. You understand and agree that you are waiving any legal protections otherwise provided by laws applicable to consumers in your country, and you acknowledge that PuntoMio and the Supplier would not facilitate your purchase of the Product(s) from PuntoMio if that were not the case. This Agreement and the transactions contemplated herein are not and never will be subject to the United Nations Convention on the Uniform Sale of Goods or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction.
PuntoMio or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this website. PuntoMio may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition. Upon termination, you must destroy all materials obtained from this website.
This Agreement constitutes the entire agreement between you and PuntoMio and supersedes any prior oral or written arguments, understandings, or other communications between you and PuntoMio.
The headings in this Agreement are for reference purposes only and have no legal effect.
This Agreement states the entire agreement between you and PuntoMio. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and PuntoMio agree that it is our mutual intent that this Agreement, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.
This policy is applicable to www.puntomio.com, owned and operated by SkyShop Logistics Group, Inc. and certain of its service providers, subsidiaries and affiliates (“Service Providers”). In this policy, SkyShop Logistics Group, Inc. and Service Providers are referred to collectively as “we” or “our”.
Our website does, in a limited manner, use a technology called "cookies". A cookie is a small piece of text that you can agree to place on your computer's hard drive. In most cases, you can set your web browser to prompt you when a cookie request is being made from a web page and you have the option to accept or not. If you accept or do not reject the cookie, then your browser adds the text in a small file. Accepting cookies in no way gives us access to your computer or any personal information about you. It is merely a method of storing information to improve your online experience. It will assist us in making your site visit easier and more productive. Technically, cookies are harmless, occupying just a few bytes on your hard drive. Note that personal information is often contained in or linked to a cookie (such as email address, zip code, etc.). In general, we only collect personal information (which may include first and last name, home or other physical address, e-mail address, and telephone number) when you voluntarily submit it to us.
At this website, our site may also gather information about which areas of our site receive the most visits and user visit history. We may also use web beacons to count page visits by our users, to access our cookies, and otherwise to improve your experience on our website.
SkyShop Logistics Group, Inc. will transfer or otherwise disclose the information it collects from this website’s visitors to employees and independent contractors of SkyShop Logistics Group, Inc., its subsidiaries, affiliates, and Service Providers if the disclosure will enable that party to perform a business, professional, or technical support function for SkyShop Logistics Group, Inc. Additionally, we reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.
The webmaster for the PuntoMio Website can be reached at firstname.lastname@example.org
Effective Date: September 1, 2010