The following “Terms and Conditions” constitutes an agreement between TUUX (the Company) and you, the visitor, governing your access and use of all content and functionalities available at the TUUX website accessed through the URL tuux.gt and related domain names. As used herein, “Company” means TUUX, a Guatemalan company.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE FOR ANY PURPOSE.

By accessing, viewing, or using the content, material, products or services available on or through the site, you certify that you have read, understand and agree to be legally bound by these Terms and Conditions, as well as the Terms of Sale and Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are at least the age of majority in your State, residence or country or that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the site or any content, material, products or services made available on or through the site signifies that you fully accept and agree to these Terms and Conditions.

1. Registration

In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and Conditions, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age.

Upon completion of your registration on the site, you will receive by email a confirmation that your online registration was successful and summary of your personal information. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. TUUX will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

When placing an order through the site, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by TUUX or its third party providers at this time for security and anti-fraud purposes. You represent and warrant that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.

Should any of the information you provide on the site change, please login to your account and update such information directly on the site. Any personal information that you provide to us via the site is subject to our Privacy Policy.

2. General Restrictions on Use

You agree to use the Site and the Services only for purposes that are permitted by: (a) these Terms of Use; and (b) all applicable laws, regulations and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You are only permitted to use of the Site and Services for your non- commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Company may suffer) of any such breach.

Company hereby grants you permission to access and use the Site and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms of Use on your part:

You agree not to (and not to attempt to):

a) Access any of the Services by any means other than through the interface that is provided by Company;

b) Gain unauthorized access to Company’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Site or the Services;

c) Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);

d) Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

e) Engage in any activity that interferes with, modifies, alters or disrupts the Site or the Services (or the servers and networks which are connected to the Services);

f) Reproduce, duplicate, copy, sell, trade or resell any aspect of the Site or the Services for any purpose;

g) Remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site or the Services;

h) Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Company in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

3. Content

As between you and Company, Company owns or licenses all information and materials, including data files, written text, computer software, music, audio files, images, illustrations, designs, the “look and feel” of the site, icons, photographs, video clips, and any software concepts and documentation and other material on, in or made available through the site. All Site Content is protected pursuant to copyright, trademark, patent and other intellectual property applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any site content. As between any user and Company, all names, trademarks and service marks (including TUUX®), certification marks, symbols, slogans or logos appearing on the site are proprietary to Company or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the site content, other than the right to use the site content in accordance with these Terms and Conditions.

Certain features of the Site may allow you to contribute other materials and information for access, use, viewing and commentary by other users to the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Company, you grant Company a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Company shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

4. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL COMPANY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF COMPANY AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).

5. Links To Other Sites

The Site may contain links or references to other websites outside of our control. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that TUUX has no control over these websites and that these Terms of Use do not apply to any third party sites. TUUX cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. TUUX encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

6. Complete Terms

These Terms and Conditions, including the Terms of Sale and Privacy Policy, constitute the whole legal agreement between you and TUUX and govern your use of the Site, Services and any transactions you may have with TUUX through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and TUUX in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms and Conditions, these Terms of Use shall govern. 

Notwithstanding the foregoing, you understand that TUUX may make changes to the Terms and Conditions from time to time. Your continued use of this Site following the posting of changes to these Terms and Conditions will be considered your consent to those changes. When these changes are made, TUUX will make a new copy of the Terms and Conditions available at http://tuux.gt. You agree that TUUX is under no obligation to provide you with notices regarding changes to the Terms and Conditions. You understand that it is your responsibility to check the Terms and Conditions regularly for changes.

7. Jurisdiction and Governing Law

The Site is controlled and operated from within the Guatemala. Without limiting anything else, Company makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.

These Terms and Conditions, and your relationship with TUUX under the Terms and Conditions (including the Terms of Sale and Privacy Policy), shall be governed by the laws of Guatemala, without reference to conflict of laws provisions. You and TUUX agree to submit to the exclusive jurisdiction of the Guatemalan courts in Guatemala, Guatemala, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise, as well as any right to a trial by jury.