WEBSITE TERMS AND CONDITIONS OF USE

The following terms and conditions (the “Terms and Conditions”) govern your use of the website www.gxa.com.mx (the “Website”) and any content available by or through this Website, including any content derived therefrom. Gustavo Gaxiola y Asociados (“GXA” or “we”) has made the Website available to you. We may change the Terms and Conditions of Use at any time without notice, simply by posting the changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS REGARDING THE USE OF THE WEBSITE. If you do not agree with these Terms and Conditions, you may not access or otherwise use the Website.

Proprietary Rights

GXA is the sole and exclusive owner of all rights to the titles, content (including, for example, audio, photographs, illustrations, graphics, other visual media, video, copies, text, software, titles, Shockwave files, etc.), code, data, and materials thereof, the look and feel, the design and organization of the Website, the compilation of the content, code, data, and materials on the Website, including but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property, proprietary rights thereof, and in general of the entire Website. Your use of the Website does not grant you ownership of any of the content, code, data, or materials you may access on or through the Website.

Limited License

You may (i) access and view the content of the Website from your computer or any other device and, unless otherwise indicated in these Terms and Conditions or on the Website, and (ii) make individual copies or prints of the Website’s content for your personal, internal use only. Consequently, the use of the Website and the services offered on or through the Website are for your personal, non-commercial use only.

Prohibited Use

Any distribution, publication, or commercial or promotional exploitation of the Website, or any of the content, code, data, or materials on the Website, is strictly prohibited, unless you have received prior express written permission from authorized GXA personnel or another applicable rights holder. Except as expressly permitted herein, you may not download, report, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any of the content, code, data, or materials on or available through the Website. 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, altering or removing any trademark, registered trademark, logo, service mark, or any other proprietary content or proprietary rights notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from or through the Website. If you make any other use of the Website, or of the content, code, data, or materials found or available through the Website, other than as stipulated above, you may violate copyright laws and other laws of the United Mexican States (“Mexico”) and other countries, as well as applicable state laws, and may be subject to legal liability for such unauthorized use.

Trademarks

The trademarks, logos, service marks, registered trademarks (collectively, the “Trademarks”) displayed on the Website or in the content available through the Website are registered and unregistered Trademarks of Gustavo Gaxiola y Asociados and others, and may not be used in connection with products and/or services that are not related, associated, or sponsored by their rights holders and that may cause confusion to customers, or in any way that denigrates or discredits their rights holders. All non-GXA Trademarks appearing on the Website or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website shall 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 who may own such Trademark. Misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.

User Information

In the course of your use of the Website and/or services made available to you on or through the Website, you may be asked to provide us with certain personalized information (such information hereinafter “User Information”). GXA’s information use and collection policies regarding the privacy of such User Information are set forth in the Website’s Privacy Policy, 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.

Submitted Materials

Unless specifically requested, we do not solicit or wish to receive any confidential, secret, or proprietary information or other material from you through the Website, by email, or in any other way. Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials you send or submit to us (including, for example and without limitation, what you submit or send to our chat groups, message boards, and/or our blogs, or send to us via email) (“Submitted Materials”) will be deemed non-confidential or non-secret and may be used by us in any manner consistent with the Website’s Privacy Policy. By submitting or sending us Submitted Materials, you: (i) represent and warrant that the Submitted Materials are original to you, that no other person has any rights thereto, and that any “moral rights” in the Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable right and license, which may be assigned and sublicensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate into other works any of the Submitted Materials (in whole or in part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for retaining any Submitted Material provided by you and may delete or destroy such Submitted Material at any time.

Prohibited User Conduct

You warrant and agree that, while using the Website and the various services and items offered on or through the Website, you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own advertisement, brand positioning, or any other promotional content or that of a third party into any of the content, materials, or services or materials of the Website (e.g., without limitation, in an RSS feed or a recorded radio program (podcast) received from GXA or otherwise through the Website), nor use, redistribute, republish, or exploit such content or services for any other additional commercial or promotional purpose; nor (c) attempt to gain unauthorized access to other computer systems through the Website. You will not: (i) engage in network Browse, “screen scraping,” “database scraping,” collecting email addresses, wireless addresses, or other personal or contact information, or any other automatic means of obtaining user lists 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 related 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 by any means; (iii) use the Website or the services made available to you on or through the Website in any way with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending unsolicited mass messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or items in violation of the intellectual property or other legal or proprietary rights of GXA or any third party; nor (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 another’s attempt) to circumvent, destroy, decode, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. You agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other person’s use or enjoyment of the Website or any of its services. You will not obtain or attempt to obtain any material or information through any means not intentionally stipulated or made publicly available through the Website.

Public Forums

Expansión may, from time to time, have messaging services, chat services, bulletin boards, blogs, other forums, and other services available on or through the Website. In addition to any other rules and regulations we may post regarding a particular service, you agree not to upload, report, transmit, distribute, or otherwise publish through the Website or any service or item made available on or through the Website, any material that (i) restricts or inhibits any other user from using and enjoying the Website or the Website’s services, (ii) is 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 local, state, national, or international law, (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyrights, trademarks, trade secrets, confidentiality, contracts, patents, privacy or publicity rights, or any other proprietary right, (v) contains a virus, spyware, or other harmful component, (vi) contains fixed links, advertising, chain letters, or pyramid schemes of any kind, or (vii) constitutes or contains indications of origin, endorsements, or false or misleading statements of fact. You further agree not to impersonate any other person or entity, whether real or fictitious, including any GXA person. You also may not offer to buy or sell any product or service on or through your comments submitted in our forums. You are solely responsible for the content and consequences of any of your activities.

Right to Monitor and Editorial Control

GXA reserves the right, but has no obligation, to monitor and/or review all materials submitted to the Website or through the Website’s services or items by users, and Expansión is not responsible for such user-submitted materials. However, Expansión reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, which in GXA’s sole discretion are objectionable or in violation of these Terms and Conditions of Use, GXA’s policies, or applicable law. We may also impose limits on certain forum items 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 in Public Forums

It’s important to remember that comments submitted in a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which may be accessible for a long time and over which there is no control over who will eventually read them. 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, proprietary, or confidential information in your comments in our public forums.

Links to the Website

You agree that if you include a link from any other website to the Website, such link will open in a new browser window and link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image stored on the Website or in our services, such as by using an “in-line” linking method to cause an image stored by us to be displayed on another website. You agree not to download or use images stored on this Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to this Website in such a way that the Website, or any page of the Website, is “framed,” surrounded, or obscured by the content, materials, or branding of any third party. We reserve all our rights under the law to insist that any link to the Website be discontinued and to revoke your right to link to the Website from any other website, at any time upon written notice to you.

Indemnification

You agree to indemnify and hold harmless GXA, its directors, officers, employees, agents, and affiliated companies, from any claims, liabilities, costs, and expenses, of any nature, including attorney’s fees, incurred as a result of your use of the Website, your posting or transmission of any message, content, information, software, or other materials through the Website, or your breach or violation of law or these Terms and Conditions. GXA reserves the right, at its own expense, 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.

Product and Service Orders

We may make certain products available to visitors and registered users of the Website. If you order any product, you hereby represent and warrant that you are 18 years of age or older. You agree to pay the full prices for any purchases you make, whether by credit/debit card concurrent with your online order or by other payment means acceptable to Expansión. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Some products you purchase and/or download on or through the Website may be subject to additional terms and conditions that will be presented to you at the time of such purchase or download.

Third-Party Websites

You may link from the Website to third-party websites and third parties may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertisements, code, or other materials that may or may not be provided by or through the Linked Sites, even if owned or directed by our affiliates. Links to Linked Sites do not constitute our endorsement or sponsorship of such websites or of the information, content, products, services, advertisements, code, or other materials presented on or through such websites. The inclusion of any link to such sites on our Website does not imply endorsement, sponsorship, or recommendation of that Website. GXA disclaims any responsibility for links (1) from another website to this Website and (2) to another website from this Website. GXA cannot guarantee the standards of any website to which links are provided on this Website, nor shall GXA be responsible for the contents of such sites, or for any subsequent links. GXA does not represent or warrant that the contents of any third-party website are accurate, comply with state or federal law, or comply with copyright laws or other intellectual property laws. GXA is also not responsible for any form of transmission received from any linked website. Any reliance placed on the contents of a third-party website 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 a third party considers that any of the Content has been introduced into the Portal in violation of their intellectual property rights, they must send a letter to the Company containing the following elements: (a) personal data: name, address, telephone number, and email address of the claimant; (b) authentic form or equivalent, with the personal data of the owner of the allegedly infringed intellectual property rights or of the person authorized by law to act on behalf of the owner of the allegedly infringed intellectual property rights; (c) precise and complete indication of the Content protected by the allegedly infringed intellectual property rights, as well as its location on the Portal; (d) express and clear statement that the introduction of the indicated Content has been made without the consent of the owner 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.

These notifications must be sent to: Av. no. 000, Col., C.P. 0000, Mexico, Guadalajara, Telephone +52 1 33 1877 8660

If, from the letter and information provided, it appears that a person’s intellectual right is being violated, Expansión will immediately suspend public access to the respective information and make it available to its owner.

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, DATA PROCESSING SERVICES, UNLIMITED OR UNINTERRUPTED ACCESS, ANY WARRANTY CONCERNING THE AVAILABILITY, INTERPRETABILITY, NON-INTERPRETABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM 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 WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE THAT THE WEBSITE OR THAT THE SERVICES PROVIDED WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 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 Browse IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UPDATED. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR NOTICE. EXPANSION NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR VERACITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL, OR VIOLATING PUBLICATION MADE THEREIN BY ANY PERSON OTHER THAN AN AUTHORIZED SPOKESPERSON EMPLOYEE OF GUSTAVO GAXIOLA Y ASOCIADOS IN THEIR OFFICIAL CAPACITY (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, WITH RESPECT TO THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. PRIOR TO MAKING A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, WE ADVISE YOU TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICES AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON, OR RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED ON THE WEBSITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. EXPANSION IS NOT A REGISTERED BROKER-DEALER OR 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 GIVE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT OR SERVICE ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE TO PRODUCT OR SERVICE LITERATURE, FREQUENTLY ASKED QUESTIONS IN DOCUMENTS, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH EXPANSION OR ITS AGENTS. ANY PRODUCT OR SERVICE ORDERED OR PROVIDED VIA THE WEBSITE IS PROVIDED BY GXA “AS IS,” EXCEPT TO THE EXTENT, IF ANY, OTHERWISE STATED IN WRITING, IN A SEPARATE LICENSE OR SALE AGREEMENT ENTERED INTO BETWEEN YOU AND GUSTAVO GAXIOLA Y ASOCIADOS OR ITS SUPPLIER OR LICENSOR.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EXPANSION, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS, OF THE CONTENT OR SERVICES (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, 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 WEBSITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, 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 CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR 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 WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) RESULTING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED IN THE TOTAL AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO GXA FOR THE USE OF THE WEBSITE OR FOR THE PURCHASE OF PRODUCTS VIA THE WEBSITE.

Photosensitive Attacks

A very small percentage of people may experience a seizure when exposed to certain visual images, such as 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” while watching video games or other electronic content. These seizures have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of consciousness, eye or face twitching, altered vision, or jerking or shaking of the arms or legs. If you experience any of the aforementioned symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Website and consult a doctor.

Term

The provision of the Website service and other Services has an indefinite duration. GXA may, however, terminate, suspend, or interrupt the provision of the Website services and/or any of the Services (including User Open Services) at any time and without prior notice.

Applicable Law and Jurisdiction

For the interpretation, fulfillment, and execution of these Website Terms and Conditions of Use, GXA and the User agree to submit to the jurisdiction of the competent courts in Mexico City, Federal District, waiving any other jurisdiction that might correspond to them by virtue of their current or future domiciles or for any other reason, and that they shall be governed by the applicable provisions of the laws of Mexico.