GOTE S.A., CALLE 2A NAVE 8, POLIGONO EMPRESARIAL TACTICA – 46980 – PATERNA- VALENCIA (hereinafter, “THE OWNER”) makes available gtlan.com (hereinafter, “Website”). The following Terms of Use shall govern access to and use of this Web Page. In addition, specific terms and conditions may apply to certain content, data, materials or information contained on or available through this Web Site (hereinafter, the “Content”), which may be uploaded, posted or published on this Web Site or to transactions concluded through the Web Site. Such specific terms and conditions shall apply without prejudice to the Terms of Use or, as the case may be, those that replace them, within the limits expressly permitted.
1. Acceptance of the Terms and Conditions of Use
By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein, as well as any additional terms and conditions contained on the Web Site. If you do NOT agree to all of these terms and conditions, you may NOT access or use the Web Site.
Modification of the Conditions
THE OWNER may modify these Terms of Use at any time. The modified Terms of Use shall apply once they have been published. You will be deemed to accept such modifications if you continue to access or use the Web Site after publication. We advise you to regularly review all applicable terms and conditions. Other websites of THE OWNER may have their own terms of use which shall apply exclusively to them.THE OWNER reserves the right to discontinue or make changes or updates to the Website or its content at any time and without notice. The OWNER also reserves the right to restrict, refuse or terminate the access of any person to the Website or any part thereof without notice and for any reason whatsoever, at its sole discretion and with immediate effect.
3. Privacy Policy
Personal information provided or collected through or in connection with this Web Site will be used solely in accordance with THE OWNER’s Privacy Policy, and these Terms of Use are subject to such Privacy Policy as stated on this Web Site.
4. Exemption from liability
ALL INFORMATION (INCLUDING, BUT NOT LIMITED TO, TEXT, IMAGES, GRAPHICS, LINKS AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, CONTRIBUTORS, LICENSORS, AND BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OR AS TO THE OPERATION OF THIS WEB SITE, ITS CONTENT OR USER CONTENT. Neither THE HOLDER nor its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers make any warranty or representation that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, accurate, secure or error-free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable or otherwise meet your requirements. This Web Site is a public web site. No confidential treatment can be expected for any User Content you post on this Web Site.
Do not submit confidential information here.
THE OWNER and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall not be liable for any interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services that support this Web Site or electronic communications sent by THE OWNER are free of viruses or other harmful elements. You will be solely responsible for any damage caused to your computer system or loss of data that results from the download of such material.
5. Registration
You may be required to register as a contributor in order to access certain areas or to use certain features or items on the Site, and such registration is free of charge. When you register, you must choose a unique user name or “handle” and password, and you must provide a unique, valid, current and verifiable e-mail address. Duplicate usernames or email addresses are not allowed, so if the one you choose already exists, you will be prompted to choose another one. We will send you a confirmation email with the information you have registered. If for any reason you do not submit such information, access to or use of the areas, features or items for which registration is required may be denied or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your user name or delete content you post on the Site or to refuse or cancel your registration if you choose a user name that, in our opinion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to assume responsibility for any activities that occur under your account, username and/or password that are due to your conduct, omission or negligence. If you become aware of any suspicious or prohibited conduct in connection with your account, username and/or password, you agree to contact us immediately by email. We may, in our sole discretion, prevent access to any email or Internet Service Provider (ISP).
6. Contributor
You agree that any User Content you post on the Site will be accurate, constructive and relevant and will not contain anything that may be unlawful or unsuitable for posting, including but not limited to, materials that (1) may be defamatory or libelous to another person or entity, (2) may cause injury to any person or property, or defame or otherwise injure any person or organization, (3) may infringe any rights of any person (including the right of privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent or threatening, (5) are culturally, ethically or otherwise objectionable, or (6) encourage or promote any illegal activity.
You shall take all reasonable steps to detect and remove any viruses or other contaminating or destructive elements before submitting any material. In addition, you shall not send chain letters, pyramid schemes, surveys or solicitations through the Web Site or forge headers or otherwise manipulate identification or other data to disguise the origin of any Content and/or User Content sent through the Web Site or manipulate your presence on the Web Site. You also shall not interfere with or disrupt our sites, servers or networks or conduct any activity that imposes an unreasonable or disproportionately large load on our infrastructure.
You represent, represent and warrant that the User Content posted on the Web Site does not infringe any third party’s proprietary rights, such as, but not limited to, copyrights, trademarks or patents, or any obligation of confidentiality.
You acknowledge and agree that any of your ideas, statements, proposals or any User Content provided on the Web Site, not subject to copyright protection, may be used by any other contributor without compensation or indemnification.
You hereby grant to THE OWNER, its affiliates, associated companies, brand licensees and other contributors a worldwide, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, reproduce, prepare derivative works, distribute, publicly perform or display, transmit and publish User Content that you have provided, whether on the Site, on another site or in any other media, marketing or public relations materials of THE OWNER.
You shall be solely responsible for your User Content and the consequences of submitting, posting and/or publishing it. THE OWNER may, but is not obligated to, review and monitor User Content before or after it is submitted. However, you agree that it is impossible for us to monitor or review all User Content. Without limitation, THE OWNER, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall not be responsible or liable for the accuracy, completeness, quality or validity of User Content submitted by third parties to the Site.
THE HOLDER does not endorse any User Content or any opinion, recommendation or advice expressed therein and expressly disclaims any liability related to User Content.
The OWNER alone has the right and ability to modify or remove messages or any other User Content that are objectionable, dishonest or otherwise in violation of these Terms of Use for any reason whatsoever and at any time, without prior notice or consent and at its sole discretion. Any user who believes that User Content posted is objectionable or dishonest is invited to contact THE OWNER immediately by email. Once such notification has been received, we will use our best efforts to address such matter as necessary within a reasonable period of time. As this is a manual procedure, please be advised that we may not be able to modify or remove a particular User Content immediately.
7. Limitation of liability
IN NO EVENT SHALL THE OWNER OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR ANY OTHER DAMAGES ARISING OUT OF, CAUSED BY OR IN CONNECTION WITH ACCESS, USE OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR USER CONTENT, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARISE DIRECTLY AND EXCLUSIVELY FROM A BREACH OR GROSS NEGLIGENCE ATTRIBUTABLE TO THE OWNER.If you reside in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, the same shall not apply to you to the extent such exclusions or limitations are not authorized and their application shall be limited to the greatest extent permitted by applicable law.
8. Third-party content/software
THE OWNER shall in no event be liable for the content of any page owned by third parties that may be linked to the Web Page by means of a hyperlink, whether such hyperlink has been provided by the Web Page or by a third party in accordance with the Terms of Use. Any link from our Site to another site does not imply an endorsement of that other site and no warranty is given as to the accuracy, timeliness or suitability of the content of any site to which the Site may link, and we assume no responsibility for it.Any software made available for downloading from or through the Site is licensed subject to the terms of any applicable license agreement. Except as provided in the applicable license agreement, the software is made available for use by end users only, and any further copying, reproduction or redistribution of the software is prohibited. THE GUARANTEES, IN ITS CASE, RELATIVE TO THIS SOFTWARE WILL BE APPLIED ONLY TO THE EXTENT EXPRESSLY INDICATED IN THE APPLICABLE LICENSE CONTRACT. THE HOLDER HEREBY DISCLAIMS ANY OTHER ADDITIONAL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THOSE RELATING TO THE SOFTWARE.
9. Copyright and Trademarks
All copyrights and other proprietary rights in the Content provided by THE OWNER, its associated companies, affiliates, brand licensees and/or other contributors, the software used to manage and publish the Website, the collection of data, and the order, sequence and adaptation thereof, are owned by THE OWNER.
GTLAN is a registered trademark of THE OWNER.
THE OWNER and each trademark registered by THE OWNER and its associated companies are important assets for the company. The proper use of these trademarks is important and the instructions of THE OWNER must be followed when referring to our products and services.
The use and registration of the GTLAN name is the exclusive right of our company. You may not register or use a company name, legal name, registered name, domain name or any other name, indication or description, which includes the GTLAN name or any other name similar to it or any other name that includes a part of the GTLAN name, or any other trademark registered by GOTE S.A.
10. Proprietary Rights on the Web Site
This Web Site is public in nature and any information submitted shall be deemed to be non-confidential. You agree that all submissions made by you in connection with any inventions contained in the User Content constitute a “publication” of such invention under applicable patent law. You agree that any User Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of THE OWNER, its affiliates, associated companies, trademark licensees, other contributors or third parties. If you plan to exploit any ideas, proposals, suggestions or solutions or other User Content submitted to the Web Page, you must obtain proper authorization before undertaking any exploitation initiative.
11. Copyright infringement lawsuits in the U.S.
If you know or suspect that any of the materials on this Web Site (including, but not limited to, materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please notify THE OWNER’s designated agent listed below. Pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3), such notification must meet the following requirements:
– A handwritten or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– Identification of the copyrighted work claimed to have been infringed, or if several copyrighted works are included on the same web page, a representative list of such works on the page
– Identification of the material that is claimed to be infringing or to be the subject of infringing conduct and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
– Information reasonably sufficient to permit us to contact you, including address, telephone number, and, if available, e-mail address at which you can be reached;
– A statement signed by you that you 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;
– A statement that the information in the notification is accurate and that, under penalty of perjury, you represent that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may contact the designated agent for notifications regarding claims of copyright infringement as follows:By mail: GOTE S.A.
Calle 2 A, 8, 46980 Paterna, Valencia
Phone +34 961 366 571
By email:
The above information is provided for the sole purpose of notifying THE OWNER that your copyrighted material has been infringed. Other issues such as product-related questions or problems relating to improper shipments or content will not be answered in this way.
12. Indemnification and Publication
You agree to indemnify and hold harmless THE OWNER, its subsidiaries, affiliates, affiliates, brand licensees, other contributors and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and costs of litigation) arising out of any posting, content or transmission of any message, data, material or other User Content by you, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of the submission, content or transmission of any message, data, material or other User Content you post on the Site or any violation of these Terms of Use attributable to you. In the event of a claim or lawsuit arising from any message or other User Content that you submit, THE OWNER reserves the right to disclose your identity and any other information about you that it may have.In the event of a dispute between you and one or more users, you release THE HOLDER, its subsidiaries, affiliates, partners and suppliers and each of their officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
13. Closing the page
The OWNER alone has the authority to close the Web Site or any part thereof for any reason at any time without notice or consent. We assume no responsibility or liability for failure to store or delete any User Content submitted to the Web Site.
14. GOTE Products
The Web Site may contain references to certain products and services of THE OWNER that may not be available in a particular country. Any such reference does not imply or warrant that such product or service will be available at all times in any particular country. For more information, please contact your business center comercial@gote.com.
15. Safe harbor statement under the Private Securities Litigation Reform Act of 1995
The information contained in this Web Site may contain certain forward-looking statements regarding THE OWNER’s financial condition, results of operations and business, as well as certain of THE OWNER’s plans and objectives relating thereto. Readers are cautioned that no forward-looking statements constitute a guarantee of future performance and that actual results may differ materially from those contained in such statements, including, but not limited to, statements we have made regarding strategy, estimated sales growth, future EBITDA and cost savings, future organic business growth trends and the benefit of future acquisitions and our financial condition. By their nature, forward-looking statements involve risks and uncertainties because they relate to future circumstances and events, and a number of factors could cause actual results to differ materially from those expressed or implied in the forward-looking statements. The latter are subject to, among other things, national and global and business conditions, the successful implementation of our strategy, our ability to identify and make acquisitions and to integrate such acquisitions into our business, consumer preferences for existing and new products, our ability to develop and commercialize new products and to realize the benefits of this strategy, the policies and actions of governmental and regulatory authorities, changes in legislation and the impact of competition-many of which are beyond our control. As a result, our actual future results may differ materially from the plans, objectives and expectations set forth in such statements. Additional risks and factors have been identified in documentation we have filed with or furnished to the U.S. Securities and Exchange Commission (“SEC”), including our most recent Annual Report on Form 20-F, available on the SEC’s website at www.sec.gov. Any forward-looking statements made by us or on our behalf speak only as of the date on which they are made. We undertake no obligation to update such statements to reflect any change in expectations or any change in events, conditions or circumstances on which such statements are based. The reader should, however, consult any additional disclosures we have made or may make in the documentation we have filed or may file with the SEC.
16. Conflict resolution
These Terms of Use shall be governed by and construed in accordance with the laws of Spain. You agree to submit to the non-exclusive jurisdiction of the courts of Madrid, Spain, for any dispute, claim or action arising out of or relating to the Terms of Use or your use of the Web Site, including disputes concerning the existence or validity of the Terms of Use, provided that you agree to submit any such dispute, claim or action to the exclusive jurisdiction of the courts of Madrid, Spain.
17. Partial nullity
If any provision of these Terms of Use is declared invalid or unenforceable, it shall be replaced by the valid and enforceable provision that most closely approximates the intent of the original provision, and the remaining provisions shall remain in full force and effect.
18. No waivers
The non-application of these Terms of Use by THE HOLDER shall not constitute a waiver of any of its rights under these Terms of Use, whether in respect of present or future conduct by any person. The receipt of funds by THE HOLDER or the reliance of any person on THE HOLDER’s actions shall not be considered as a waiver of any of these Terms of Use. Only a specific written waiver, signed by an authorized representative of THE HOLDER, may have legal effect.
19. Headings
For the purposes of this Agreement, the section headings of the Terms of Use are included solely for convenience of reference and shall in no way affect the meaning or interpretation of these Terms of Use.