Términos y Condiciones - Uhthoff

TERMS AND

CONDITIONS

The following Terms and Conditions regulate the use of the website www.uhthoff.com.mx (hereinafter referred to as the “Site”), where information is provided about the services offered by UHTHOFF, GÓMEZ VEGA & UHTHOFF, located at Avenida Paseo de la Reforma, Number 509, Floor 22, Colonia Cuauhtémoc, Postal Code 06500, Cuauhtémoc Borough, Mexico City (hereinafter referred to as “UHTHOFF”), its activities, promotions, and general information, among others.

Please read these Terms and Conditions carefully, as the use of the “Site” on your part indicates your absolute acceptance in terms of the provisions of Article 1803 of the Federal Civil Code. If you have any questions, suggestions, clarifications, complaints, or claims about the “Site,” we appreciate you sending them to the email address mailbox@uhthoff.com.mx.

The mere use of the aforementioned website grants the general public the status of user (hereinafter referred to as the “USER” or “USERS”) and implies the full and unconditional acceptance of each and every general and specific condition included in these Terms and Conditions published by UHTHOFF at the very moment the “USER” accesses the website.

Statements

UHTHOFF declares that it is a legally constituted legal entity under Mexican laws, that it has all the necessary permits to fulfill its Corporate Purpose, and that it does not have any impediment or limitation to fulfill said Purpose, which includes the execution of this Agreement.

UHTHOFF grants the “USER” a personal, limited, non-exclusive, non-transferable, revocable, indefinite-term license, in accordance with these Terms and Conditions, to use the “Site” in order to endorse, express interest in, or seek information about and contract the services that are published on the Website. The use of the “Site” is personal and non-transferable.

UHTHOFF declares that it is the owner of the Content and Services found on the website, as well as all elements protected by intellectual property laws. All of the above for the purposes of this Agreement.

UHTHOFF reserves all rights not expressly granted under this document.

This contract and the rights and licenses granted herein may not be transferred or assigned by the “USER”; however, UHTHOFF may transfer or assign them without any restriction.

The “USER” accepts these Terms and Conditions, committing to comply with all provisions stated herein.

The “USER” agrees that the warranty exclusions and limitations of liability set forth above are fundamental elements of the basis of these Terms and Conditions.

The “USER” is aware that the data traffic that provides access to the “Site” is supported by a service provided by the telecommunications service operator selected and contracted by the “USER,” and that such contracting is entirely independent of the “Site.”

The “USER” acknowledges that the fees charged by the chosen telecommunications service operator and applicable taxes may affect the data traffic necessary for potential downloads and third-party advertisements on the device.

The “USER” declares and acknowledges that downloading any content from the “Site” does not grant ownership of any trademarks displayed on the “Site.”

Assignment of Rights

UHTHOFF may, at any time and at its discretion, assign all or part of its rights and obligations derived from this agreement.

As a result of such assignment, UHTHOFF will be released from any obligation in favor of the user established in this agreement.

Indemnification

The “USER” agrees to indemnify UHTHOFF, its affiliates, suppliers, vendors, and advisors for any action, demand, or claim (including attorney’s fees and court costs) arising from any breach by the “USER” of this agreement, including, but not limited to:

a) Any aspect related to the use of the website www.uhthoff.com.mx.

b) The information contained or available on or through said site or any defamation, slander, or any other conduct that violates this agreement by the user in the use of the specified website.

c) Violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available on or through said website.

Restrictions

Any violation of these Terms and Conditions by the “USER” will entitle UHTHOFF, at any time and without prior notice of any kind, to suspend or terminate the provision of services and/or remove or deny access to the “Site” to the offending “USER,” as well as to remove or unregister them.

The “Site” may only be used for lawful purposes.

Any form of copying, distribution, transmission, retransmission, publication, printing, dissemination, and/or commercial exploitation of the material and/or content made available to the public through this “Site” is strictly prohibited without the prior express written consent of UHTHOFF or, where applicable, the corresponding rights holder. Failure to comply with the aforementioned will subject the infringer to all civil claims and criminal penalties that may apply.

PARENTS OR GUARDIANS OF MINORS AND INCOMPETENT INDIVIDUALS SHALL BE RESPONSIBLE FOR THE ACTIONS CARRIED OUT BY THEM IN ACCORDANCE WITH THE PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING DAMAGES CAUSED TO THIRD PARTIES, ACTIONS PERFORMED BY THEM THAT ARE PROHIBITED BY LAW AND BY THE PROVISIONS OF THIS AGREEMENT, WITHOUT PREJUDICE TO THE LIABILITY OF THE “USER,” PROVIDED THAT THEY ARE NOT THE PARENT OR LEGAL REPRESENTATIVE OF THE MINOR OFFENDER.

At the time of registration, email addresses or any data containing expressions or graphic-denominative sets that have already been chosen by another “USER” or are offensive, vulgar, coinciding with trademarks, trade names, advertisements of establishments, company names, advertising expressions, names and pseudonyms of public figures, celebrities, or registered by third parties, whose use is not authorized, or that are generally contrary to the law or generally accepted moral and ethical standards, as well as expressions that could induce

to other individuals by mistake, and it is clear that the “USER” will be held responsible for any misuse, both civilly and criminally, if applicable.

The “USER” shall not publish or in any way make available on the “Site” any material protected by copyright, trademark registration, or any other intellectual property right without prior express authorization from the owner of said rights.

Termination of the Agreement

UHTHOFF may terminate the Agreement prematurely if:

The “USER” fails to comply with any of the obligations assumed in this document.

It is in UHTHOFF’s best interest to do so, provided that it fulfills its obligations or compensates for the failure to do so.

Validity of the Terms and Conditions

UHTHOFF, as well as the “USER,” acknowledge that the Terms and Conditions have unlimited validity.

UHTHOFF reserves the right to interrupt, modify, alter the content and/or access to the “Site” at any time and without prior notice, whether for technical, security, control, maintenance reasons, power supply failures, or any other cause.

Therefore, UHTHOFF recommends that the “USER” regularly re-read this document in order to stay informed about any possible modifications. Alterations to the Agreement will become effective immediately after their publication on the “Site.”

Once the modifications have been made, it will be presumed that the “USER” who continues to use the “Site” has full knowledge, has read, and has consented to the amended Terms and Conditions.

UHTHOFF may unilaterally terminate this agreement by notification on the “Site.”

If UHTHOFF terminates the Terms and Conditions or closes the Website, it will be after an analysis of the state of the Contracts, and UHTHOFF will not be obliged to indemnify the “USER.”

Jurisdiction.

In the event of a conflict related to the Agreement, UHTHOFF is fully willing to reach an agreement with the “USER” for conflict resolution. If no such agreement is reached, or in other cases unrelated to the Agreement, the matter will be brought before the corresponding instance, either the Consumer Protection Agency or the competent courts in Mexico City.

Interpretation

For all matters regarding the interpretation of these terms and conditions, the provisions of the same, the privacy notice, as well as all provisions contained in these terms and conditions and our current Mexican legislation in Mexico City shall prevail.

Confidentiality of Information

The data of the “USERS” will be managed solely by UHTHOFF in the ways established in this Privacy Notice. UHTHOFF will do everything within its power to protect the privacy of the information. It may happen that due to court orders or legal regulations, UHTHOFF is compelled to disclose information to authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or data transmissions, in which case UHTHOFF shall not be held responsible for the information that is disclosed. In such cases, UHTHOFF will notify the “USER” of this situation.

We do not assume any obligation to keep confidential any other information that the “USER” provides through newsletters and online chats, as well as information obtained through cookies, information that has not been directly provided to UHTHOFF.

It should be clarified that we do NOT sell, give away, facilitate, or rent the “USER” information to any third party, nor do we own it.

UHTHOFF will take all possible measures to maintain the confidentiality and security described above, but shall not be held responsible for any damages or losses that may result from the violation of these measures by third parties using public networks or the Internet, altering security systems to gain access to the “USERS” information.

Security breaches occurring at any stage of processing that significantly affect the patrimonial or moral rights of the Data Subjects shall be immediately reported by UHTHOFF to the “USER,” so that the latter can take appropriate measures to defend their rights.

Access and Use of the Site

Both the “Site” and any other site available on the “Site” (hereinafter referred to as the “Microsites”) are private property, and any interaction must be conducted in accordance with this document. Without prejudice to the other obligations of the “USER” as set forth in these Terms and Conditions, the “USER” undertakes to:

I. Not use the contents of the “Site” with the purpose of violating the law, morality, good customs, rules and intellectual property rights, dignity, private life, image, personal and family privacy.

II. Observe the highest ethical and moral standards prevailing on the Internet and the applicable national and international laws.

III. Not use the User Registration or contents provided under these Terms and Conditions to transmit or disclose illegal material, defamatory material, or material that is abusive, threatening, obscene, harmful, vulgar, injurious, or otherwise objectionable.

IV. Not send unsolicited messages, recognized as spam, junk mail, or chain letters; not use the Services provided under these Terms and Conditions to send/disclose any type of virus or files containing any virus that may cause damage to the recipient or to third parties.

V. Comply with all applicable laws regarding data transmission from Mexico or the territory in which the “USER” resides.

VI. Not gain or attempt to gain access to other network systems or computers connected to the contents of the “Site.”

VII. Take full responsibility for the content of the emails to be retransmitted, as well as the content and information made available in the promotions of the “Site.”

VIII. Not interfere or disrupt the Services, servers, or networks connected to the Services, contents supplied through the “Site” or the “Microsites.”

IX. Comply with the procedures, rules, and regulations applicable to the contents of the “Site” as disclosed on the pages and links of each content of the “Microsites.”

The “USER” shall not send or transmit through the “Site” any content or information containing any propaganda or proposal related to any of the contents. The “USER” shall not disclose or make any commercial, religious, political, or any other offer, even without commercial purposes, including but not limited to offers to the “USERS” to become “USERS” of other services that may in any way compete with the services provided by UHTHOFF.

Any conduct by the “USER” that, in UHTHOFF’s sole discretion, may restrict or inhibit the use of the “Site” or the “Microsites” by other “USERS,” third parties, or UHTHOFF is expressly prohibited.