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Page 5 of 11 5. EXLUSION OF GUARANTEES AND OF RESPONSIBILITIES
5.1. Exclusion of guarantees and of responsibility for the working of the Portal and of the Services
5.1.1. Availability and continuity, usefulness and y fallibility
The BUSINESS does not guarantee the availability and continuity of the operation of the Portal and of the Services. When reasonably possible, the BUSINESS will previously notify of the interruptions in the operation of the Portal, the access to its contents, or the fulfillment of the Services.
The business does neither guarantee the utility of the Portal and of the Services for the execution of any activity in specific, nor their infallibility and, particularly, although not of exclusively, that the Users can effectively utilize the Portal and the Services,access the different web pages that form the Portal or those through which the Services are lent.
The business excludes, with all the extension permitted by the legal code, any responsibility by the damages and harms of every nature that might be due to the lack of availability or of continuity of the operation of the Portal and the services; or the disappointment of the utility that the users might have attributed to the Portal and to the Services; to the fallibility of the Portal and of the Services, and, in particular, although not exclusively, to the failures in the access to the different web pages of the Portal or to those through which the Services are lent.
5.1.2. Privacy and security in the utilization of the Portal and of the Services
The BUSINESS does not guarantee the privacy and security of the utilization of the Portal and of the Services and, particularly, does not guarantee that not authorized third parties cannot have knowledge of the class, conditions, characteristic and circumstances of the use that the Users do of the Portal and of the Services.
The BUSINESS excludes, with all the extension permitted by the legal code, any responsibility related to damages and harms of every nature that could be owed to the knowledge that not authorized third parties can have of the class, conditions, characteristic and circumstances of the use that the users do of the Portal and of the Services.
5.2. Exclusion of guarantees and of responsibility for the Contents
5.2.1. Quality
The BUSINESS does not control neither guarantees the absence of viruses or other elements in the Contents that can produce alterations in their data processing system (software and hardware) or in the electronic documents and card indexes stored in their data processing system.
The BUSINESS excludes, with all the extension permitted by the legal code, any responsibility related to the damages and harms of every nature that, due to the presence of viruses or other elements in the Contents, can produce alterations in the data processing system, electronic documents or card indexes of the users.
5.2.2. Permissibility, reliability and utility
The business does not guarantee the permissibility, reliability and utility of the Contents.
The BUSINESS excludes, with all the extension permitted by the legal code, any responsibility by the damages and harms of every nature that could be due to the broadcast, diffusion, storage, putting at disposal, reception, obtaining or access to the contents, and particularly, although not exclusively, by the damages and harms that might be due to:
(a) the breach of the law, the morals and the good customs generally accepted or the law and order as a result of the broadcast, diffusion, storage, put available, reception, putting at disposal or access to the contents;
(b) the infraction of the intellectual and industrial rights of property, of the business secrets, of contractual commitments of any class, of the right to honor, to family and personal intimacy and to the image of the people, of the rights of property and of all other nature belonging to a third party as consequence of the broadcast, diffusion, storage, putting available, reception, obtaining or access to the contents;
(c) the acts of unfair competition and illicit publicity as a result of the broadcast, diffusion, storage, putting available, reception, obtaining or access to the contents;
(d) the lack of truth, accuracy, thoroughness, relevance and/or present time of the contents;
(e) the inadequacy for any class of purpose and the disappointment of the expectations generated by the contents;
(f) the breach, delay in the fulfillment, faulty fulfillment or termination by any cause of the obligations contracted by third parties and contracts carried out with third parties through or because of the access to the contents;
(g) the vices and defects of all types of the contents transmitted, diffused, stored, made available or in another form transmitted or made available, received, obtained or to the ones accessed through the Portal or the services.
5.2.3. Truth, accuracy, thoroughness and present time
The BUSINESS does not guarantee the truth, accuracy, thoroughness and present time relevance of the Contents. The business excludes, with all the extension permitted by the legal code, any responsibility by the damages and harms of every nature that due to the lack of truth, accuracy, thoroughness and/or present time relevance of the contents might result.
5.3. Exclusion of guarantees and of responsibility for the services provisioned by third parties through the Portal
5.3.1. Quality
The BUSINESS does not control neither guarantees the absence of viruses or other elements in the Contents delivered by third parties through the Portal that can produce alterations in their data processing system (software and hardware) or in the electronic documents and data registries stored in their data processing system.
The BUSINESS excludes, with all the extension permitted by the legal code, any responsibility related to the damages and harms of every nature that, due to the presence of viruses or other harmful elements in the services delivered by third parties through the Portal, can produce alterations in the data processing system, electronic documents or data registries of the Users.
5.3.2. Permissibility, reliability and utility
The business does not guarantee the permissibility, reliability and utility of the services rendered by third parties through the Portal and particularly, although not exclusively, by the damages and harms that might be due to:
(a) the breach of the law, the morals and the good customs generally accepted or the law and order as a result of the service delivery of third parties through the Portal;
(b) the infraction of the intellectual and industrial rights of property, of the business secrets, of contractual commitments of any class, of the right to honor, to family and personal intimacy and to the image of the people, of the rights of property and of all other nature belonging to a third party as consequence of the service delivery of third parties through the Portal;
(c) the acts of unfair competition and illicit publicity as a result of the service delivery of third parties through the Portal;
(d) the lack of truth, accuracy, thoroughness, relevance and/or present time relevance of the contents derived from the service delivery of third parties through the Portal;
(e) the inadequacy for any class of purpose and the disappointment of the expectations generated by the service delivery of third parties through the Portal;
(f) the breach, delay in the fulfillment, faulty fulfillment or termination by any cause of the obligations contracted by third parties and contracts carried out with third parties through or because of the service delivery through the Portal ;
(g) the vices and defects of all types of the service delivery of third parties through the Portal.
5.4. Exclusion of guarantees and responsibility for the information, contents and services lodged outside the Portal
The Portal puts at the disposal of the Users technical devices of linking (such as, among others, links, banners, buttons), directories and tools of search that permit the Users to access websites owned and/or managed by third parties (henceforth, "Linked Sites"). The installation of these links, directories and tools of search in the Portal has the only object of facilitating Users the search and access to the information, contents and services available on the Internet.
The search tools results are provided directly by third parties and are consequence of the automatic operation of technical mechanisms, for which the BUSINESS cannot control and does not control those results and, particularly, that among them web sites can appear whose contents can turn out to be illicit, contrary to the morals or to the good customs, or considered inappropriate by other motives. In the case that a User considers that in some of the places included in the results of the search an illicit activity or information is contained and is interested in requesting the suppression of the link, the User can set in motion the procedure predicted in the sixth clause of the present Legal Notice.
The BUSINESS does not offer neither markets for itself or through third the information, contents and services available in the Linked Sites, nor controls them previously, approves, recommends, watches, or makes of its own. The User, therefore, should maximize the prudence in the appraisal and utilization of the information, contents and existing services in the Linked Sites. The BUSINESS does not guarantee neither assumes any type of responsibility for the damages and harms of any class that might be due to:
(a) the operation, availability, accessibility or continuity of the Linked Sites;
(b) the maintenance of the information, contents and services, existing in the Linked Sites;
(c) the installment or broadcast of the information, contents and existing services in the Linked Sites;
(d) the quality, permissiveness, reliability and utility of the contained information and existing services in the Linked Sites, in the same terms and with the same reach arranged in the General condition 5.2 and 5.3 regarding the contents and the services lent by third parties through the Portal.
5.5. Exclusion of guarantees and of responsibility by the utilization of the Portal, of the Services and of the Contents by the Users
The BUSINESS does not have obligation to control and does not control the utilization that the Users do of the Portal, of the Services and of the Contents. Particularly, the BUSINESS does not guarantee that the Users utilize the Portal, the Services and the Contents according to the present Legal Notice and, in its case, with the Particular Conditions that result of application, neither that they do it in a prudent and diligent form. The BUSINESS does neither have the obligation to verify nor does verify the identity of the Users, besides the truth, force, thoroughness and/or authenticity of the data that the Users provide about themselves to other Users. The BUSINESS excludes any responsibility for the damages and harms of every nature that might result due to the utilization of the services and of the contents on the part of the users, or due to the lack of truth, force, thoroughness and/or authenticity of the information that the users provide to other users about themselves and, particularly, although not exclusively, by the damages and harms of every nature that due to the supplanting of the personality of a third performed by a user, in any class of communication carried out through the Portal.
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