GENERAL CONDITIONS OF USE


1. GENERAL INFORMATION

These General Conditions regulate the use of the Website, owned by BERENGUER Y POMARES ABOGADOS, S.L.P – hereinafter Berenguer & Pomares -, whose identification data can be consulted in the Legal Notice accessible from this portal.

2- ACCEPTANCE OF THESE CONDITIONS

Users must read these General Conditions of Use of this Website, which are contractual in nature.

The use or access to this Site implies knowledge and full acceptance of these General Conditions and those that, at any time, Berenguer & Pomares may establish. Consequently, it will be the responsibility of every visitor or user to carefully read the General Conditions of Use in force each time they access this Website.

Sometimes, the use of certain services may be subject to the users’ acceptance of particular conditions, warnings or instructions that must also be consulted and accepted without reservation by them.

3- CONDITIONS OF ACCESS AND USE OF THE WEBSITE
3.1 Free access

The use of this portal is free of charge. Where applicable, the existence of services whose use is conditional on the payment of a price will be timely and duly notified to the user.

3.2 User registration

In general, access and use of this Website does not require prior registration or registration of users.

3.3 Languages

The contents of this website are available in Spanish and English.

3.4 Veracity of user information

The user guarantees the veracity and authenticity of the information and data communicated by completing the requests and forms that, where appropriate, are required to access certain functionalities of the Website.

In this sense, it will be the user’s obligation to keep the information provided updated so that it corresponds to reality at all times. Any false or inaccurate statement that occurs as a result of the information and data expressed, as well as any damage that such information may cause, will be the responsibility of the user.

Berenguer & Pomares will give said data the corresponding treatment based on its nature or purpose, under the conditions and terms indicated in the Privacy Policy section.

3.5 Obligation to correctly use content and functionalities

3.5.1 The user assumes the obligation to make correct use of the services and content that make up this website in accordance with the current General Conditions, laws, morality and generally accepted good customs, as well as public order.

3.5.2 Except with prior and express authorization from Berenguer & Pomares, users will refrain from carrying out any act of commercial exploitation of the contents and functionalities that are reproduced and offered on the Web.

3.5.3 In any case, users will use the contents and functionalities offered by Berenguer & Pomares in accordance with current legislation, and will assume the responsibilities that correspond to them for conduct or activities that, in any way, may be illegal or harmful to rights of Berenguer & Pomares or third parties or that may harm, prevent or limit the use of this website by Berenguer & Pomares or other users.

3.5.4 Non-emancipated minors may use this Website but may not send personal information or use any of the contact forms offered unless such activities are carried out under the direct supervision of their parents or legal representatives.

3.5.5 In particular, and by way of merely indicative and non-exhaustive, users undertake not to capture data or content for advertising purposes, as well as not to transmit or disseminate messages, data or messages through the functionalities offered on this Website. contents that:

• in any way contravene or violate fundamental rights recognized by the legal system;

• induce, incite or promote criminal, denigratory, defamatory, slanderous, violent, discriminatory actions based on sex, race, religion or ideology, or, in general, are contrary to the law, morality or public order;

• are false, ambiguous, inaccurate, exaggerated, obscene or untimely;

• are protected by any intellectual or industrial property rights belonging to third parties, except with prior and sufficient authorization from their legitimate owner;

• harm or may harm the right to honor, personal privacy, self-image of third parties or violate the regulations on the secrecy or confidentiality of communications;

• constitute illegal, misleading or unfair advertising;

• are manifestly irrelevant or have no relationship with the Website or with the publications of the Blog or sections of the Website within which the message or data has been published;

• contain viruses, Trojan horses or any other material or program that may damage or alter the operation of computer equipment or systems.

In the event that forums or sections of the website are developed that allow the publication of user messages, Berenguer & Pomares reserves the right to verify the messages and content issued by users prior to their publication with the purpose of ensure that they comply with these General Conditions, as well as not to publish messages or content that contravene these conditions of use.

3.6 Access restrictions

Berenguer & Pomares reserves the unilateral right to deny access to this Website to those users who fail to comply with the current General Conditions of Use, and this without the need for prior notice or justification.

4- INDUSTRIAL AND INTELLECTUAL PROPERTY
4.1 Industrial Property

The distinctive signs (graphics and denominations) that appear on this website are the exclusive property of Berenguer & Pomares. Consequently, its use in economic traffic by third parties who lack proper authorization is prohibited.

4.2 Copyright

4.2.1 The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs, source codes and, in general, any intellectual creation existing on this website, as well as the site itself As a whole, as a multimedia artistic work, they are protected as copyright by current legislation on intellectual property.

4.2.2 The reproduction, storage (except that necessary for loading this website in the browser or temporary storage), transformation, distribution, public communication, making available to the public and in general any other form of exploitation, by any means or procedure, of all or part of the contents subject to exclusive rights of Berenguer & Pomares, except in the case of prior and express authorization for this purpose.

Any process that affects or uses the source code of the website is also prohibited, including those that seek to exploit, modify or even circumvent, alter or eliminate the security systems it has implemented.

4.3 Domain names

In the same sense as referred to in the previous section, the domain name is the exclusive property of Berenguer & Pomares. Its improper use in economic traffic would imply an infringement of the rights conferred by its registration and will be pursued by the means provided for in the Law.

4.4 Share reservation

The use of the contents or services of this website does not imply or imply the granting of a license or authorization of use of any kind over its intellectual or industrial property rights or any other right.

The user of this website undertakes to respect the rights stated and to avoid any action that could harm them, Berenguer & Pomares reserving in all cases the exercise of all legal means and actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

5- LINKS
5.1 Link conditions to this website

Persons or entities that intend to link or link, from a web page of another Internet portal, to this Berenguer & Pomares website must submit to the following conditions:

· Any link to the Website will be made to its main page and can only be formed by the name “Berenguer & Pomares”, the use of any other brand, logo, slogan or other distinctive signs being prohibited.

· No frames, deep-links, or image links will be established with the pages of the Berenguer & Pomares Site without the prior express authorization of Berenguer & Pomares.

· No false, inaccurate or incorrect statement will be included regarding the pages of the Berenguer & Pomares Site or its functionalities or contents.

· The establishment of the link will not imply the existence of relations between Berenguer & Pomares and the owner of the Web page or the portal from which it is made, nor the knowledge and acceptance of Berenguer & Pomares of the services and content offered on said portal.

The establishment of links without respecting the aforementioned conditions may imply a violation of the intellectual and/or industrial property rights owned by Berenguer & Pomares, protected in the terms indicated in section 4 of these General Conditions.

6- ONLINE CONSULTATIONS

This website allows users to send legal queries through the Online Queries section without any commitment to contract the services of Berenguer & Pomares. The use of this functionality does not imply the contracting of any service.

Through the Online Consultations functionality, the user may obtain from Berenguer & Pomares a response or preliminary legal opinion, free of charge and of a purely indicative nature, which does not bind Berenguer & Pomares. Berenguer & Pomares warns that this functionality does not in any case substitute legal advice and the defense of rights and interests that users may require, and that it can only be provided within the framework of an attorney-client contractual relationship.

Berenguer & Pomares expresses its willingness to respond to queries raised through the Online Queries functionality of this website. However, Berenguer & Pomares cannot guarantee users that they will receive a response to their queries in all cases, as this is subject to the availability of its professionals and the IT tools that make it possible.

7- COOKIES

Berenguer & Pomares informs users that this portal uses third-party cookies for statistical or functional purposes. Users can obtain more information about its use in the section dedicated to the Cookies Policy.

8- EXEMPTION OF LIABILITY

Berenguer & Pomares is exempt from any liability arising from the malfunction of the website or any of its functionalities that has its origin in an accidental circumstance, force majeure, necessary maintenance work or any other cause not attributable to it.

Likewise, Berenguer & Pomares rejects any responsibility for the result of the actions, omissions or decisions that users may adopt based on the answers offered to the queries posed through the Online Consultation functionality, or based on any opinion or legal analysis that appears in the content of this website, which only have indicative value and which, as noted in section 6, should in no case replace the advice and legal defense received within the framework of a contractual relationship.

9- TERMINATION AND MODIFICATION

Although, in principle, the duration of this Website is indeterminate, Berenguer & Pomares reserves the right to modify, suspend or terminate the provision of its services or content, in whole or in part, at any time, and without need for advance notice to users.

Likewise, the information, presentation and services offered by this Site may be subject to periodic or specific changes, which may be freely carried out by Berenguer & Pomares.

10- APPLICABLE LAW AND JURISDICTION

These General Conditions of Use are governed by Spanish Laws.

Any dispute in relation to the information contained on this website will be heard before the jurisdiction and courts of Alicante.