WEBSITE TERMS AND CONDITIONS OF USE
The following terms and conditions (the “Terms and Conditions”) govern the use by you of the website www.gxa.com.mx (the “Website”) and any content available from or through this Web Site, including any content derived from the same. Gustavo Gaxiola & Associates (“GXA”, or “us”) has made available to you on the Web Site. We may change the Terms and Conditions of Use at any time, without notice, by posting the changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS IN RESPECT OF THE USE OF THE WEBSITE. If you do not agree with these Terms and Conditions, you may not access or use the Website in any other way.
Property rights. GXA is the sole and exclusive owner of the rights to the titles, content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, shockwave files, etc), code, data and materials the same, the look and feel, design and organization of the Web Site, the compilation of the content, codes, data and materials on the Web Site, including but not limited to, any rights of copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property, economic rights of the same, and in general of the entire Web Site. The use of the Website does not give you ownership of any content, code, data or materials you may access on or through the Web Site.
Limited License. You may (i) access and view the content of the Web Site from your computer or any other device and, unless otherwise stated in these Terms and Conditions or in the Website, and (ii) make individual copies or prints of the content of the Website for your personal, internal use only. From the foregoing, the use of the Website and the services offered on or through the Website, are only for your personal, noncommercial use.
The Prohibited Uses. Any distribution, publication or commercial or promotional Website, or any content, code, data or materials on the Website is strictly prohibited unless you have received the express prior written permission from authorized personnel of GXA or of any other applicable rights holder. Except as expressly permitted in this agreement, you may not download, inform, expose, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of, any of the content, code, data or materials on or available through the Website, including, without limitation, the alteration or removal of any trademark, registered trademark, logo, service mark, or other content owned or notification of rights of property. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Website, or the content, code, data or materials that are or that are available through the Web Site, except as provided above, you may violate copyright and other laws of the united Mexican States (“Mexico”), and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Trademarks. The trademarks, logos, service marks, trademarks (collectively the “Trademarks”) displayed on the Site or on content available through the Web Site are Trademarks of Gustavo Gaxiola & Associates, registered and unregistered trademarks and others and may not be used with respect to products and/or services that are not related to, associated with, or sponsored by their rights holders, and that is likely to cause confusion among customers, or in any manner that is derogatory or discredits their rights holders. All Trademarks that are not GXA that appear on the Website or on or through the Website's services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of GXA or third parties that may own such Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the services on the Website is strictly prohibited.
User information. In the course of use that you make of the Website and/or services made available on or through the Website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). The policy of collection and use of information GXA with respect to the privacy of such User Information are set forth in the Privacy Policy of the Web Site, which is incorporated herein by reference for all purposes. You acknowledge and agree to be solely responsible for the accuracy of the content of the User Information.
Materials Presented. Unless specifically requested, we do not ask nor wish to receive any confidential, secret or proprietary, or other material from you through the Web Site, by e-mail or in any other way. Any information, creative works, demonstration, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials that you sent or presented (including, for example and without limitation, that which you submit or send to our chat groups, message boards and/or our blogs, or send to us via e-mail) (“Submitted Materials”) is deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy of the Web Site. By submitting or sending Submitted Materials, you: (i) represent and warrant that the Submitted Materials are original to you, that no other person has any right over them, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates, the right and license royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, which may be assigned and sub-licensees, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (all or in part) in any form, media, or technology now known or later developed, including for promotional purposes and/or commercial. We cannot be responsible for maintaining any Submitted Material provided by you and we may delete or destroy any such Submitted Material at any time.
Prohibited User conduct. You warrant and agree that, while using the Web Site and the various services and items offered on or through the Website, you will not: (a) customize to any person or entity, or it will taint your affiliation with any other person or entity; (b) insert your own ad, branding or other promotional content or third party on any of the content, materials, or services or other materials on the Website (for example, without limitation, in an update RSS or on a radio program recorded (podcast) received from GXA or otherwise through the Web Site), or use, redistribute, republicará or exploit such content or service for any purpose other additional commercial or promotional; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You will not: (i) will take part in surfing the net, in “scraping (scraping) the screen”, “scraping (scraping) the database”, in collecting e-mail addresses, wireless addresses or other personal information or contacts, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including, without limitation, any information found on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending unsolicited bulk messages or “flooding” servers with requests; (iv) use the Website or the services or items from the Website in violation of intellectual property or other legal rights or property of GXA or any third party; or (v) use the Website or the Website's services in violation of any applicable law. You further agree not to attempt (or encourage or support the attempt of another) to ensnare, to destroy, decrypt, or otherwise alter or interfere with the Site or with the services of the Website, or any content thereof, or make any unauthorized use of the same. You agree not to use the Web Site in any manner which could damage, disable, overburden, or impair the Website or interfere with any other person to use or enjoy the Web Site or any of its services. You may not obtain or attempt to obtain any materials or information through any means not been provided or made available to the public intentionally through the Website.
Public Forums. Expansion may, from time to time, have messaging services, chat services, bulletin boards, blogs, other forums and other services available on or through the Web Site. In addition to other norms and regulations that we can publish with respect to a particular service, you agree to not upload, report, transmit, distribute or otherwise publish through the Web Site or any service or item made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website's services, (ii) be fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law, (iv) violates, plagiarizes or infringes the rights of any third party, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, an element of espionage or other harmful component, (vi) contains a fixed links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain indications of origin, endorsement or statements of fact false or misleading. You also agree not to impersonate any other person or entity, whether actual or fictitious, including any person GXA. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You are solely responsible for the content and consequences of any of their activities.
Right to Monitor and Editorial Control. GXA reserves the right, but has no obligation, to monitor and/or review all materials posted to the Web Site or through the services or items of the Web Site by users, and Expansion is not responsible for any such materials posted by users. However, Expansion reserves the right at all times to disclose any information necessary to satisfy any law, regulation or governmental request, or to edit, refuse to place or to remove any information or materials, all or in part, at the sole discretion of GXA be objectionable or in violation of these Terms and Conditions of Use, policies GXA or the applicable law. We may also impose limits on certain items of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
Private or Sensitive information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website or elsewhere on the Internet, which can be accessed for a long time and does not have control over who will read them eventually. It is therefore important that you be careful and selective about the personal information you disclose about yourself and others, and in particular, you should not disclose sensitive information, proprietary or confidential in its comments on our public forums.
Links to the Website. You agree that if you include a link from any other web site to web site, this link will open in a new browser window and connect with the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image stored on the Web Site or our services, be used as a method of link “on-line” in order to cause the image stored by us were exposed to another web site. You agree not to download or use images stored on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this Website in such a way that the Website, or any page on the Web Site, is “framed” surrounded or obfuscated by the content, materials, or brand positioning of any third party. We reserve all our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Website from any other web site, at any time send you written notice.
Compensation. You agree to indemnify and to draw in peace and safe to GXA, directors, officers, employees, agents GXA and its subsidiaries, of any claim, demand, liability, costs and expenses, of any nature, including attorney fees, incurred as a result of the use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. GXA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with GXA in the defense of such claim.
Orders for Products and Services. We may make certain products available to visitors and registered on the Website. If you order any products, you hereby represent and warrant that you are 18 years of age or older. You agree to pay the full price of any purchase you make, either with a credit/debit card concurrent with your online order or by other payment means acceptable to the Expansion You agree to pay all applicable taxes. If the payment is not received by us from the issuer of your credit card, debit card, or its agents, you agree to pay all amounts due at the time of the claim on our part. Some of the products that you purchase and/or download on or through the Website may be subject to additional terms and conditions that will be presented at the time of such purchase or download.
Third-party Web sites. You can link to the Web Site to third party web sites and third parties may be linked to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility over the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or are run by affiliates of ours. Links to Linked Sites do not constitute our endorsement or sponsorship of such websites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply endorsement, sponsorship or recommendation of this Web Site, GXA disclaims any liability for links (1) from another web site to this Web Site and (2) to another website from this Website. GXA cannot guarantee the standards of any website to which we provide links on this Web Site, nor will it be GXA responsible for the content of such sites, or any subsequent link. GXA does not represent or warrant that the content of the web site by any third party are accurate, compliant with state or federal law, or to comply with the laws of copyright or other intellectual property laws. GXA is not responsible for any form of transmission received from any linked site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Copyright agent. In the event that any User or third party considers that any of the Contents have been entered into the Portal with a violation of their intellectual property rights, you must send a letter to the Company that contains the following elements: (a) personal data: name, address, telephone number, and email address of the complainant; (b) authentic form, or equivalent, with the personal data of the holder of the intellectual property rights allegedly infringed or a person authorized pursuant to law to act in the name and for the account of the holder of the intellectual property rights allegedly infringed; (c) precise and complete indication of the Contents protected by the intellectual property rights allegedly infringed, as well as its location in the Portal; (d) a clear statement that the introduction of the Content listed has been made without the consent of the holder under the responsibility of the claimant that the information provided in the notification is accurate, and that the introduction of the content constitutes a violation of their intellectual property rights.
Estas notificaciones deberán ser enviadas a: Av. no. 000, Col., C.P. 0000, México, Guadalajara, Teléfono +52 1 33 5980 0319
If the letter and the information provided, it appears that it is violating the intellectual rights of a person, Expansion suspend immediately the public access to information about them, and made available to the owner.
DISCLAIMER OF WARRANTIES. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UNLIMITED ACCESS TO OR UNINTERRUPTED, ANY WARRANTIES CONCERNING THE AVAILABILITY, INTERPRETABILITY, NOT INTERPRETABILITY, ACCURACY, PRECISION, CORRECTNESS, PERFECTION, COMPLETION, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND HEREBY WAIVE ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICES PROVIDED TO COMPLY WITH THE REQUIREMENTS OF THE USERS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HAS BEEN IN THE PRESENT. EXPANSION ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT OF THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE TRY TO ENSURE THAT THE INFORMATION PUBLISHED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR NOTICE. EXPANSIÓNNI ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, PUBLICATION OR ANY OFFENSIVE, DEFAMATORY, INFRINGING, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING MADE IN THE SAME BY ANY PERSON NOT BEING AN AUTHORIZED EMPLOYEE SPOKESPERSON OF GUSTAVO GAXIOLA & ASSOCIATES IN THEIR OFFICIAL CAPACITY (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, CONCLUSION, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, INFORMATION, OPINION, ADVICE OR OTHER CONTENT FINANCIAL, HEALTH, OR LIFESTYLE. PRIOR TO THE COMPLETION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH ITS BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE WILL NOT HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR RESULTS OBTAINED FROM, THE CONTENT PROVIDED IN THIS. NOTHING CONTAINED ON THE WEBSITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. EXPANSIÓNNO IS A REGISTERED BROKER OR AN INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
WITHOUT LIMITATION OF THE FOREGOING IN THIS SECTION, GXA, AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU IN THE PRESENT DESIST, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN LITERATURE IN PRODUCTS OR SERVICES, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH EXPANSIÓNO WITH THEIR AGENTS. ANY PRODUCT OR SERVICE ORDERED OR PROVIDED VIA THE WEB SITE IS PROVIDED BY GXA “AS IS”, EXCEPT TO THE EXTENT, IF IT WERE THE CASE, BE OTHERWISE PROVIDED IN WRITING, IN A LICENSE AGREEMENT OR A SALE HELD SEPARATELY BETWEEN YOU AND GUSTAVO GAXIOLA & ASSOCIATES OR ITS PROVIDER OR OF THE PERSON THAT IS GRANTING THE LICENSE.
LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, WILL BE RESPONSIBLE FOR EXPANSION, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS TO, THE CONTENT OR THE SERVICES (COLLECTIVELY, THE “PROTECTED ENTITIES”) FROM ANY DAMAGE, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES AS A RESULT OF, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF CRIMINAL ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE, SHALL EXCEED IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO GXA BY THE USE OF THE WEBSITE OR FOR THE PURCHASE OF PRODUCTS VIA THE WEBSITE.
Attacks Photosensitive. A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” to be watching video games or other electronic content. These attacks have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the symptoms listed above, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Web Site and consult a doctor.
Force and effect. The service provision of the Website and of the other Services has an indefinite duration. GXA however, may terminate, suspend or interrupt, at any time and without prior notice, the provision of the services of the Website and/or any of the Services (including the Services Open to the User).
Applicable law and jurisdiction. For the interpretation, performance and enforcement of these Terms and Conditions of Use of the Web Site, GXA and the User agree to submit to the jurisdiction of the competent courts in the City of Mexico, Federal District, renouncing to any other jurisdiction that in virtue of their current or future domiciles or for any other reason that may apply and will be governed by the applicable provisions in the laws of Mexico.