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End-User License Agreement ("Agreement")

Please read this End-User License Agreement carefully before clicking the "I Accept" button, downloading, or using "LOMIOPRIMERO.COM".

Interpretation and Definitions

Interpretation

Words with an initial capital letter have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement, which constitutes the entire agreement between You and the Company regarding the use of the Application.
Application means the software program provided by the Company, accessible directly via a web browser and designed to offer a native-app-like experience on any compatible device. This solution, named lomioprimero.com, does not require downloading from an app store and can optionally be installed from the browser for faster access.
The Company (referred to in this Agreement as "the Company," "we," "us," or "our") refers to www.lomioprimero.com.
Content refers to content such as text, images, or other information that You may post, upload, link to, or otherwise make available, regardless of the form of that content.
Country refers to: Canada.
Device means any device that can access the Application, such as a computer, a mobile phone, or a digital tablet.
Family Sharing/Family Group allows You to share access to the progressive application—provided via the browser—with other family members, enabling them to use and access the application from their compatible devices without needing to download it from an app store.
Third-Party Services means any services or content (including data, information, applications, and other product services) provided by a third party that may be displayed, included, or made available through the Application.
You means the individual accessing or using the Application, or the company or other legal entity on whose behalf such individual is accessing or using the Application, as applicable.

Recognition

By clicking the "I Accept" button, or by downloading or using the Application, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click the "I Accept" button, and do not download or use the Application.

This Agreement is a legal document between you and the Company and governs your use of the Application made available to you by the Company.

This Agreement is solely between you and the Company. Therefore, the Company is solely responsible for the Application and its content.

Since other customers may access and use the Application through, for example, Family Sharing/family groups or volume purchases, the use of the Application by such customers is expressly subject to this Agreement.

The Company grants you a license to the Application—but does not sell it to you—for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a device that you own or control.

The license granted to you by the Company is solely for your personal, non-commercial purposes, strictly in accordance with the terms of this Agreement.

License Restrictions

You agree not to, and will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make the Application available to third parties.
Copy or use the Application for any purpose other than as permitted in the "License" section above.
Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application.
Remove, alter, or obscure any proprietary notices (including any copyright or trademark notices) of the Company or its affiliates, partners, suppliers, or licensors.

Content

Content Restrictions

The Company is not responsible for the entries, information, or content provided by Application users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs on Your account, whether performed by You or by any third party using Your account.

You may not transmit any Content that is illegal, offensive, disruptive, intended to cause disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable.

Some examples of such objectionable Content include, without limitation, the following:

Illegal activity or activity that promotes illegal acts.
Defamatory, discriminatory, or mean-spirited Content, including references to or comments regarding religion, race, sexual orientation, gender, national/ethnic origin, or other specific groups.
Spam—whether machine-generated or random—that constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Content that contains or installs viruses, worms, malware, Trojan horses, or other material designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or gain unauthorized access to any data or other information belonging to a third party.
Infringement of any party's proprietary rights, including patents, trademarks, trade secrets, copyrights, rights of publicity, or other rights.
Impersonation of any person or entity, including the Company and its employees or representatives.
Violation of any third party's privacy.
False information and characteristics.

The Company reserves the right—but assumes no obligation—to determine, at its sole discretion, whether any Content is appropriate and complies with this Agreement, and to reject or remove any Content. The Company further reserves the right to modify or alter the format and presentation of any Content. The Company may also limit or revoke Your use of the Application if You post such objectionable Content.

As the Company cannot control all content published by Customers and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application, you may be exposed to content that you may consider offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances shall the Company be liable in any way for any content, including errors or omissions or any loss or damage of any kind incurred as a result of the use of any content.

Intellectual property

The Application—including, without limitation, all copyrights, patents, trademarks, trade secrets, and other intellectual property rights—is and shall remain the sole and exclusive property of the Company.

The Company shall have no obligation to indemnify or defend you against any third-party claims arising from or related to the Application. To the extent the Company is required by applicable law to provide indemnification, it shall be solely responsible for the investigation, defense, settlement, and discharge of any claim alleging that the Application or your use thereof infringes the intellectual property rights of third parties.

Your suggestions

Any opinion, comment, idea, improvement, or suggestion that you provide to the Company regarding the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any manner without any credit or compensation to you.

Modifications to the Application

The Company reserves the right to modify, suspend, or discontinue—temporarily or permanently—the Application or any service to which it connects, with or without prior notice and without liability to you.

App updates

The Company may, from time to time, provide enhancements or improvements to the features/functionalities of the Application, which may include patches, bug fixes, updates, improvements, and other modifications.

Updates may modify or remove certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide Updates, or (ii) continue to provide or enable particular features and/or functionalities of the Application.

Furthermore, you agree that all updates or any other modifications (i) will be considered an integral part of the Application and (ii) will be subject to the terms and conditions of this Agreement.

Third-party services

The Application may display, include, or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability to You or any other person or entity for Third-Party Services.

You must comply with applicable third-party terms and conditions when using the Application. Third-Party Services and links thereto are provided solely for your convenience, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Privacy Policy

The Company collects, stores, maintains, and shares information about you in accordance with our Privacy Policy: www.lomioprimero.com

By accepting this Agreement, you acknowledge that you accept and consent to the terms and conditions of our Privacy Policy.

Term and termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any reason or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, if You fail to comply with any of its provisions. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or computer.

Upon termination of this Agreement, You must cease using the Application and delete all copies of the Application from your Device.

Termination of this Agreement shall not limit any of the Company's rights or remedies at law or in equity in the event of a breach by You (during the term of this Agreement) of any of your obligations under this Agreement.

Compensation

You agree to indemnify and hold harmless the Company and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Without guarantees

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied:

(i) As to the operation or availability of the Application, or the information, content, and materials or products included therein; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. However, in such a case, the exclusions and limitations set forth in this Section 11 shall apply to the fullest extent permitted by applicable law. To the extent that any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Limitation of liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Divisibility and Exemption

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall a waiver of a breach constitute a waiver of any subsequent breach.

Product claims

The Company makes no warranties of any kind regarding the Application. In the event that You have any claim arising from or related to Your use of the Application, the Company is responsible for addressing such claims, which may include, without limitation: (i) any product liability claim; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined at the Company's sole discretion.

If you continue to access or use the Application after the revisions take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you will no longer be authorized to use the Application.

Governing law

The applicable law is that of Canada, as well as any Canadian regulations and legislation applicable thereto.

Entire agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when you use or purchase services from another company, which the Company will provide to you at the time of such use or purchase.

Contact us

If you have any questions about this Agreement, you may contact us:

By email: sales@lomioprimero.com
On our website: www.lomioprimero.com