Términos del servicio

TERMS OF USE  

1. User’s Acknowledgment and Acceptance of Terms. Budzburn, LLC, a Florida limited liability company, its  successors and assigns (sometimes referred to as “us” or “we”) provides the SiestaG.com site and various related  services (“site”) subject to your compliance with all the terms and conditions set forth herein (“Terms of Use”). In  addition, when using this site users shall be subject to any posted rules or guidelines; and, all such rules or  guidelines or rules are incorporated by reference.  

BY VISITING THIS SITE, USING ANY SERVICE ON THIS SITE IN ANY MANNER (INCLLUDING  SIMPLY BROWSING THE SITE), REGISTERING FOR AN ACCOUNT ON THIS SITE OR MAKING A  PURACHASE FROM THIS ACCOUNT, YOU: (1) AGREE TO THE OUR TERMS OF USE (AS POSTED  ON THE DATE OF ACCESS OF THE SITE), (2) AGREE THAT YOU HAVE READ AND UNDERSTOOD  THE TERMS OF USE, (3) REPRESENT THAT YOU ARE TWENTY-ONE (21) YEARS OF AGE OR  OLDER, (4) WARRANT, REPRESENT AND AGREE THAT, AT THE TIME OF ORDER, YOU ARE NOT  RESIDING WITHIN THE BORDERS OF A STATE WHICH PROHIBITS THE SALE OF ANY OF OUR  PRODUCTS NOR WILL YOU SEEK DELIVERY, DIRECTLY OR INDIRECTLY, INTO A STATE WHICH  PROHIBITS THE SALE OF OUR PRODUCTS; AND, (5) ACKNOWLEDGE, AGREE AND CONSENT TO  OUR DATA PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY.IF YOU DO NOT WISH TO BE  BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR  DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE.  

These Terms of Use are effective as of September 1, 2023. We reserve the right to change these Terms of Use from  time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and  these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such  modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be  bound by the modified Terms of Use.  

1. Description of Services. We make various services available on this site including, but not limited to search  engines for products, credit card processing for payments and other sales related services. You are solely  responsible for providing, at your own expense, all equipment necessary to use the services. We reserve the right  to modify or discontinue the site, including any features therein, at any time with or without notice to you. We  shall not be liable to you or any third party should we exercise such right. You understand and agree that  temporary interruptions of the services available through this site may occur. You further understand and agree  that we have no control over third party networks you may access in the course of the use of this site, and  therefore, delays and disruption of other network transmissions are completely beyond our control. You  understand and agree that the services available on this site are provided “AS IS” and that we assume no  responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or  personalization settings. 
2. Registration Data and Privacy. In order to access some of the services on this site, a separate account and  password are required and can be obtained by completing our online registration process. Online registration  requires certain information and data from you. You are required to maintain and update your data as necessary  to insure it is correct and accurate at the time of each use of the site. By registering, you agree that all  information provided is true and accurate and that you will maintain and update this information to keep it  current, complete and accurate. You further agree that you will immediately notify us if unauthorized use of your  account and password has occurred. You grant us the right to disclose to third parties certain information about  you. The information provided to us is subject to our Privacy Policy, which is specifically incorporated by  reference, as the same may be updated from time to time hereafter. By registering on this site, you consent to  receive electronic communications from us, including notices about your registration or account. 
3. Conduct on Site. Your use of the site is subject to all applicable laws and regulations and any rules or  guidelines that we may post. You are solely responsible for the contents of any communications made by you  through the site. By posting information in or otherwise using any communications service, chat room, message 

board, newsgroup, software library, or other interactive service that may be available to you on or through this  site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content  — including text, communications, software, images, sounds, data, or other information that (1) is unlawful,  threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious or contains explicit or  graphic descriptions or accounts of sexual acts or acts of violence; (2) infringes on any patent, trademark, trade  secret, copyright or other protected intellectual property; (3) constitutes unauthorized or unsolicited advertising,  junk or bulk e-mail; (4) contains software viruses or similar code, files, or programs that are designed or intended  to disrupt, damage, or limit the functioning of any software or hardware or gain unauthorized access to others  software. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by  third party users of the site and do not prescreen any material or communications. We have the right, at our sole  discretion, to remove any content that, in our judgment, does not comply with these Terms of Use, but are not  responsible for any failure or delay in removing any content. You hereby consent to removal of any content  uploaded or submitted; and, waive any claim against us arising out of such removal of content. You agree that  we may at any time, and at our sole discretion, terminate your registration, any loyalty membership and your  access to this site without prior notice to you for violating any of the above provisions.  

1. Third Party Sites and Information. Our site uses the Shopify Inc. e-commerce platform and is subject to  additional terms and conditions adopted by said provider. Our site may link you to other sites provided by other  parties for your convenience. The link is not an endorsement of the site and unless specifically noted, we are not  affiliated with the site and are not recommending or endorsing the purchase of any product or service from the  third-party site. You acknowledge that these sites are not under our control and we are not responsible,  whatsoever, for the content of such sites or omissions in references made by the site(s).  

1. Intellectual Property Information. You acknowledge and agree that all content on this site is protected by  copyrights, trademarks, service marks, patents or other state, federal and international intellectual property laws  and is our sole property (or licensed for use by us). You may not copy or republish any material from this site  without our express written permission and use of any trademark or service mark is expressly prohibited without  our prior written permission; provided, however, you may make one screen shot copy of information on products  you wish to purchase or have purchased for your records so long as the same is not republished or redistributed.  We do not warrant or represent that your use of materials displayed on, or obtained through, this site will not  infringe the rights of third parties. If you believe that any materials displayed on this site infringe upon a protected  intellectual property right of yours, you should provide notice (signed electronically or originally by a person  authorized to act on behalf of the intellectual property owner) to the notice address provided below in compliance  with the Digital Millennium Copyright Act (as the same may be amended or replaced from time to time), which notice should: (a) identify specifically the copyrighted work believed to have been infringed; (b) Identify the  material that is accessible on the site which you claim is infringing on the identified copyrighted work; (c) provide  information sufficient to contact the copyright owner directly: (d) provide information sufficient to permit us to  notify any third party posting to the site who you claim is infringing, if applicable; (d) include the following  statements (i) “I have a good faith belief that use of the material in the manner complained of is not authorized by  the copyright owner, its agent, or the law”; and, (ii) “I swear, under penalty of perjury, that the information in this  notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an  exclusive right that is allegedly infringed”. If you are the recipient of a notification from us of a take down  request, you may send a counter-notice, but be advised that we reserve the right to take down any material  regardless of infringement determinations.  
2. User’s Materials. Subject to our Privacy Policy, any communication or material that you transmit to this site  or to us, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and  nonproprietary. You grant us and our designated licensees a nonexclusive right to copy, distribute, display,  publish, modify, and otherwise use such material for any purpose regardless of the form or medium used. 

1. Disclaimer of Warranties. ALL PRODUCTS, SERVICES, MATERIALS AND INFORMATION ON  THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY  OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE  IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, 

OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE  MAKE NO WARRANTY THAT: (A) THE SAME WILL MEET YOUR REQUIREMENTS, (B) WILL  BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE  OBTAINED FROM THE USE OF THE PRODUCTS, SERVICES, MATERIALS OR INFORMATION  WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS,  SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US  OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,  ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,  INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE  MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF  ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR  SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO  UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE  DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS  DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU  WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS  OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WE DO NOT ENDORSE ANY OPINIONS,  JUDGMENTS OR TESTIMONIALS GIVEN ON THIS SITE.  

Through your use of the site, you may have the opportunities to engage in commercial transactions with other  users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any  party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and  delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such  merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS  EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND  AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY  WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES,  MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD  PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF  OUR AFFILIATES. Before purchasing products and services on or through this site, review our Sales Terms  and Conditions, which are incorporated by reference into these Terms of Use.  

1. Limitation of Liability. Your exclusive remedy and our entire liability, if any, for any claims arising out of  these Terms of Use and your use of this site shall be limited to the amount you paid us for the products purchased  on the site during the six (6) month period before the act giving rise to the liability.  

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY  FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF  ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE  RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,  ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE  REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN  ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR  ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE,  INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.  

1. Security and Password. You are solely responsible for maintaining the confidentiality of your password  and account information. You are further responsible for any purchases or other acts or omissions that occur  through the use of your password and account information. It is your responsibility to ensure that others do not  gain access to your password and account information.  
2. International Use. Although this site may be accessible worldwide, we make no representation that  materials on this site are appropriate or available for use in locations outside the United States, and accessing 

them from territories where their contents are illegal is prohibited. Those who choose to access this site from other  locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any  product, service, and/or information made in connection with this site is void where prohibited. 

1. Termination of Use. You agree that we may, in our sole discretion, terminate or suspend your access to all  or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms  of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and  may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the  reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge  and agree that we may immediately deactivate or delete your account and all related information and files in your  account and/or bar any further access to such files or this site.  
2. Governing Law and Statute of Limitations. This site (excluding linked sites) is controlled by us from our  offices within the State of Florida. By accessing this site both of us agree that the statutes and laws of the State  of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of  this site and the purchase of products and services available through this site. Each of us agrees and hereby  submits to the exclusive personal jurisdiction and venue of the state and federal courts, as applicable to the matter,  serving the residences of Hillsborough County, Florida. Any cause of action brought by you against us, or our  affiliated companies, must be instituted within the shorter of one (1) year after the cause of action arises or the  applicable statute of limitations for such causes in the state of Florida; or, any such cause shall be deemed forever  waived and barred. We make no representation that the products and services available through our site are  appropriate or available for use in locations outside of the United States and accessing them from territories where  such products and services are illegal is prohibited. Those who choose to access this site from other locations do  so on their own initiative and are responsible for compliance with local laws.  
3. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability  for non-delivery or delay in delivery of products available through our site arising from any event beyond our  reasonable control, whether or not foreseeable by either party, including but not limited to, labor strikes, war,  terrorist incident, fire, accident, adverse weather, pandemic governmental shutdowns, inability to secure  transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether  or not similar to those which are enumerated above. 
4. Indemnification. You agree to defend, indemnify, and hold us harmless (and our affiliated companies) from  any and all liabilities, claims, damages, causes, actions and expenses (including attorney’s fees and costs  associated with the indemnified claims), that arise from your use or misuse of this site or your failure to comply  with any of the Terms of Use, Terms and Conditions of Sale or Privacy Policy. If you fail to timely defend an  indemnified claim upon notification to you of such claim, we reserve the right to undertake the defense; and, you  shall reimburse us for the cost thereof within ten days of each demand therefore. You will not settle any  indemnified claim without our express permission, which shall not be unreasonably withheld. 
5. Notices. All notices to a party shall be in writing and shall be made either via e-mail, regular US mail  or federally recognized overnight courier. Notices to us must be sent to the attention of Customer Service at  support@budzburn.com, if by e-mail. Notices to you may be sent either to the e-mail address supplied for your  account or to the address supplied by you as part of your registration of account. In addition, we may broadcast  notices or messages through the site to inform you of changes to the site or other matters of importance, and such  broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be  deemed delivered to the party receiving such communication: (1) on the delivery date if delivered personally to  the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of  receipt; (3) five business days after the mailing date, if sent by US mail; or (4) on the delivery date if transmitted  by confirmed e-mail. 
6. Entire Agreement. These terms and conditions, together with our Terms and Conditions of Sale and  Privacy Policy constitute the entire agreement and understanding between you and us concerning the subject 

matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.  

1. Enforcement Costs. In any action to enforce or interpret these Terms of Use, the prevailing party will be  entitled to all enforcement costs against the non-prevailing party, including, but not limited to attorney’s fees,  paralegal costs, travel costs of counsel, arbitration costs, mediation costs and witness fees, whether incurred at  trial or appellate level or in mediation, arbitration or bankruptcy proceedings.  
2. Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be  construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the  parties, and the remaining portions shall remain in full force and effect.  

1. Non-waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights  shall not constitute a waiver of that right or provision.  
2. Protection for Private Blocking and Screening of Offensive Material. You are hereby notified that  filtering services to block offensive material are commercially available. To our knowledge, current providers  include GetNetWise at http://kids.getnetwise.org and OnGuard Online at http://onguardonline.gov. However, the  providing of a list of providers is pursuant to 47 U.S.C Section 230(d) is not an endorsement of any site, product  or service.  
3. Mandatory, Binding Arbitration. Any and all controversies or claims arising out of or in any way  relating to the Terms of Use, Terms and Conditions of Sale, procedures under the Privacy Policy, the use of the  site, or purchases made through the site or a third party site linked to this site shall be settled by binding  arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then current  Commercial Arbitration Rules. Claims shall be heard by a single arbitrator assigned by the American  Arbitration Association. The place of arbitration shall be Hillsborough County, Florida, US. The arbitration  shall be governed by the laws of the State of Florida The arbitrator will have no authority to award punitive  damages, consequential damage, incidental damages or other damages not measured by the prevailing party's  actual damages, except as may be required by a statute which does not permit waiver. Any award in an  arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or  direction to any party other than the direction to pay a monetary amount. The arbitrator shall award to the  prevailing party, if any, as determined by the arbitrator, the cost of enforcement as provided above. The award  of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a  party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the  prior written consent of both parties. Notwithstanding any language to the contrary in the contract documents,  the parties hereby agree: (1) that the underlying award may be appealed pursuant to the AAA's Optional  Appellate Arbitration Rules ("Appellate Rules"); (2) that the underlying award rendered by the arbitrator  shall, at a minimum, be a reasoned award; and, (3) that the underlying award shall not be considered final  until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be  initiated within thirty (30) days of receipt of an underlying award, as defined by Rule A-3 of the Appellate  Rules (as the same may be amended or replaced from time to time), by filing a Notice of Appeal with any AAA  office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court  having jurisdiction thereof. By use of this site you agree to be bound by the terms of this provision and waive  any right to file suit in any court or tribunal and waive any right to trial by jury.  

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