Legal Notice

Terms of Service

MEMBERSHIP AGREEMENT FOR USE OF THE INTERNET SITE {{brandUrl}}, BETWEEN Pericom S.A. de C.V. AND, ON THE OTHER PART, THE USER, BOTH PARTIES SUBJECT TO THE PROVISIONS OF THE TEXT OF THIS AGREEMENT.

Statements

1.- BY ENTERING AND USING THIS WEBSITE, WHOSE DOMAIN NAME IS: {{brandUrl}}, OWNED BY Pericom S.A. de C.V., THEREFORE

IF THE USER DOES NOT ABSOLUTELY AND COMPLETELY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE USER SHOULD REFRAIN FROM ACCESSING, USING AND VIEWING {{brandUrl}}.

3.- IN THE EVENT THAT THE USER CONTINUES TO USE {{brandName}}, WHETHER IN FULL OR IN PART, SUCH ACTION SHALL BE CONSIDERED AS THEIR ABSOLUTE AND EXPRESS ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

4.- THE SOLE USE OF THE WEBSITE GRANTS THE PUBLIC USER (HEREINAFTER REFERRED TO AS THE “USER” OR THE “USERS”) AND IMPLIES THE FULL AND UNCONDITIONAL ACCEPTANCE OF ALL AND EACH OF THE GENERAL AND PARTICULAR TERMS AND CONDITIONS INCLUDED IN THESE TERMS OF USE IN THE TERMS OF USE IN THE PUBLIC VERSION OF THE SITE, ALL AND EACH OF THE GENERAL AND PARTICULAR TERMS AND CONDITIONS INCLUDED IN THESE TERMS OF USE IN THE VERSION PUBLISHED BY {{brandName}}, AT THE VERY TIME THE USER ACCESSES THE WEBSITE. ANY MODIFICATIONS TO THESE TERMS OF USE SHALL BE MADE WHEN {{brandName}} DEEMS IT APPROPRIATE, AND IT IS THE USER’S SOLE RESPONSIBILITY TO MAKE SURE THAT THE USER IS AWARE OF SUCH MODIFICATIONS.

THE PARTIES AGREE THAT IN THE ABSENCE OF ERROR, FRAUD, FRAUD, BAD FAITH OR ANY OTHER DEFECT OF THE WILL THAT COULD NULLIFY THE VALIDITY OF THIS INSTRUMENT, BOTH AGREE TO BE SUBJECT TO THE PROVISIONS OF THE FOLLOWING:

1.- LICENSE

By virtue of entering into this agreement, {{brandName}}, grants and grants to the User the non-exclusive, revocable and non-transferable right to view and use {{brandUrl}} in accordance with the terms and conditions set forth in this Agreement.

For the purposes of this agreement, the parties agree that user shall mean any person of any nature who enters {{brandUrl}} and/or any of the subpages that display its content and/or any person of any nature who registers and/or uses any of the services offered through said Internet page.

The user may only print and/or copy any information contained or published in {{brandUrl}} exclusively for personal, non-commercial use. In case of being a legal entity, the provisions of article 148, section IV of the Federal Copyright Law shall apply. The user is reminded that all photographs, works of applied art and catalogs thereof, are duly protected in terms of the legislation on Intellectual Property.

The reprinting, re-publication, distribution, assignment, sub-licensing, sale, electronic reproduction or by any other means of any information, document or graphic from or appearing on {{brandUrl}}, in whole or in part, for any use other than personal non-commercial use is expressly prohibited to the User, unless {{brandName}}, has given its prior written authorization.

2.- Purpose of the Service

2.1.- {{brandName}} offers free of charge, a service consisting of the remission of advertising messages to those users who have previously consented to it, on subjects selected by them, being able to receive such users an economic consideration, for each of the advertising messages that are sent to them.

3.- Rules for the Use of the website whose address is {{brandUrl}}

Regardless of the other obligations contained in the full text of this instrument, the User and the company {{brandName}}, agree that the use of {{brandUrl}} will be subject to the following rules:

3.1.1 The services that {{brandName}} will provide free of charge to the users, who previously fill in the registration form, the following services, depending on the options that the users themselves determine when filling in the form:

a) E-mail message reception service. {{brandName}} will send to the subscribed users those advertisements that are related to the preferences indicated by each user when filling out the registration form.

In forwarding messages, {{brandName}} will strictly adhere to the data provided by users when filling out the registration form, so it will not be responsible for the forwarding to users of messages that do not conform to their preferences, if the user has indicated them as such when filling out the registration form.

Advertising messages will always be sent by {{brandName}}, either on its own behalf or on behalf of the advertising company. Messages sent by {{brandName}} will be identified with the name {{brandName}}.

{{brandName}} will send users two types of e-mail messages:

Incentivized e-mails: These are e-mails that provide an economic consideration to the recipient only if he/she performs a specific action (clicking on a hyperlink, requesting information, answering a questionnaire, purchasing a product, etc).
E-mail without compensation or incentive: E-mails that {{brandName}} sends for internal communications and those communications via e-mail that cannot be incentivized or compensated due to impossibility.

{{brandName}} is not responsible for errors made by users in indicating the cell phone number to which advertising messages should be sent.

c) Survey service. {{brandName}} will invite users to answer surveys. In some cases, consideration will be offered for participation in them.

Users of {{brandUrl}}, must use the services provided by {{brandName}}, in accordance with the following provisions:

a) Registration. Once accepted these terms of service and in order to enjoy the services provided free of charge by {{brandName}}, the user must first register as a new user by filling out the registration form found at {{brandUrl}}. When the user completes the registration process he/she will receive a notification to the e-mail address he/she provided in the Registration, informing him/her that he/she has been registered as a user of {{brandUrl}} and asking for confirmation by clicking on a confirmation hyperlink.
b) Affiliation and referral program. Once the user has registered, he/she will be able to recommend the services provided by {{brandName}} to new affiliates, who will be called “referrals”.

The user may promote the services provided by {{brandName}} by sending an e-mail from the “affiliation and recommendation program” section, promoting such services through the user’s website, if available, by means of a personalized HTML code available through the affiliation and recommendation section of the website {{brandUrl}}. Once the referred users accept the provision of {{brandName}} services, all messages received by the referred users will generate for the user who referred them the economic benefits outlined in these terms of service.

c) Commencement of service. {{brandName}} will begin to provide its services to users, from the moment that they have registered through the registration form. From that moment on, all messages sent to users will entitle them to receive the amounts indicated in these terms of service.
d) Remuneration to Users for the reception of messages. i) Account opening. {{brandName}} will open an account for each of the validly registered users, which will be accessible to them through the “personal area”, in which the amount of the consideration that {{brandName}} pays to each of the users will be accumulated.
ii) Amounts. {{brandName}} will remunerate registered users with the following amounts:

Reward

Balance

Why?

Click offers

From $ 0.50

For clicking on an advertising email

Registration offers

From $ 0.80

For each registration you make in our offers

Surveys

Up to $10.00

For each completed survey

Cashback

up to 10% for your purchases

Receive up to 10% on purchases at these stores

Recommender

$ 10.00

For each new user you bring us you will earn quick and easy money *.

Affiliates

$ 2.50

For each of your referrals who sign up for {{brandName}} you will earn money.

* With a maximum of up to 10 users = 10€ extra bonus.

These remunerations may be subject to change depending on the evolution of the price that {{brandName}} obtains from advertisers. Such modifications, in the event that they occur, will be communicated to users via the web, to the e-mail address they have registered.

The user’s income will depend on five factors:

Number of incentivized messages received by the user (click)
Performance of the actions required in the messages encouraged by the user and his referrals.
Number of messages received by the user on his cell phone.
Number of referrals.
Monetary consideration for conducting surveys.

iii) Computation of the consideration. The considerations indicated for each of the messages received by the user will be computed in the account of each of them provided that the following conditions are met:

Compensated messages: The consideration indicated will be computed when the user actually receives the message.
Incentivized messages: The consideration will be computed when the user actually receives the message and performs the required action, usually by clicking on the link attached to the message.
Messages sent to referrals: The consideration will be computed when the referral actually receives the message or, if applicable, performs the required action, normally by clicking on the control link attached to the message.

(iv) Payment of the consideration. {{brandName}} will pay users the amount accumulated in their account for the receipt of advertising messages on the 15th of each month to users who meet the following conditions: That the amounts accumulated in their personal account exceed the amount of $ 300.00. That the user requests payment. {{brandName}}, before proceeding with the payment, reserves the right to verify that the accumulated income is lawful, or that it comes from a conduct considered as unlawful under Mexican law and, the conditions of affiliation set forth in these Terms and Conditions. Nor will any transfer of the amounts accumulated by the user be made if such amounts do not exceed $ 300.00; consequently, if a user terminates, for any reason, the provision of the services and the accumulated amounts do not exceed $ 300.00, the user will not be able to claim from {{brandName}} the payment of the accumulated amounts.

If in a period of 10 years a user has not accumulated a balance of $300.00, {{brandName}} reserves the right to cancel the accumulated points.

If a user does not register any activity in the posting of messages or access their personal area within a period of one (1) year {{brandName}} reserves the right to cancel the accumulated points.

3.1.3.- The users will be able to introduce links from other sites outside {{brandName}}, that allow the access to the site {{brandUrl}}, for which they will have to be in agreement with the following conditions:

Links may only allow access to the {{brandName}} website through third party sites.

No element or content owned by {{brandName}} may be reproduced on the website where the link is installed, unless specific authorization is given by {{brandName}} for such reproduction.

No false or misleading statements may be made on the pages on which the links are located, or statements that violate the image of {{brandName}}.

No implicit or explicit references may be made on the pages where the links are located that lead to believe that such links have been authorized by {{brandName}}.

No implicit or explicit references may be made on the pages where the links are located that would lead to believe that {{brandName}} assumes in any way the content of such pages.

Links to {{brandName}} pages may not be introduced in pages with illegal content or contrary to law, morality or public order.

The establishment of links does not imply in any case the existence of any type of agreement, contract or relationship between {{brandName}} with the owner of the page where the link to {{brandName}} is located.

Under no circumstances and by no means may links be installed from the {{brandName}} webiste to third party websites without the express authorization of {{brandName}}.

The owner of the website where the link to {{brandName}} is installed shall be liable for all damages that may be caused as a result of the inclusion on that page of the aforementioned links.

In the event that the aforementioned links generate a balance for the user responsible for their placement, {{brandName}} reserves the right not to remunerate the user and to cancel the account in the event that the aforementioned conditions are violated.

Information contained in {{brandUrl}}: The User acknowledges and agrees that the information published or contained in {{brandUrl}} generated by {{brandName}}, or by the Providers, users and/or professionals, will be clearly identified in such a way that it is recognized as coming from {{brandName}}, or the Providers.

3.3- The information, advice, concepts and opinions published on {{brandUrl}} do not necessarily reflect the position of {{brandName}}, its employees, officers, directors, shareholders, licensees and licensees (hereinafter the “Affiliates”). For this reason, {{brandName}}, is not responsible for any information, advice, opinions and concepts that are issued in {{brandUrl}}. Likewise, {{brandUrl}} is not responsible for the information contained in the website, including subpages, in the understanding that the use and monitoring of the same is at the user’s own risk and responsibility.

{{brandName}} reserves the right to block access or remove in part or in whole, any information, communication or material that in its sole discretion may result: (i) abusive, defamatory or obscene, (ii) fraudulent, contrived or misleading, (iii) in violation of copyrights, trademarks, confidentiality, industrial secrets or any intellectual property right of a third party, (iv) offensive or (v) in any way contravenes the provisions of this Agreement. If the User wishes to obtain further information on a specific topic provided by {{brandName}}, or the suppliers, the User should consult directly with each of them, as appropriate and/or with a specialist in the subject matter.

{{brandName}}, reserves the right to terminate a user, with the consequent loss of accumulated points, at the time it detects that such user:

i) Violates the anti-spam policy described in paragraph 12 of the present Terms and Conditions of Service.
ii) Violates anti-fraud policy

iii) Provides false information when filling out the registration form (name, telephone number, name).

iv) Benefits from referral incentives through false registrations.
v) Bounces your e-mail consecutively in the sending of messages for 3 months.
vi) Does not register any activity in the posting of messages or access to his personal area in a period of one year; and/or

vii) Does not accumulate $ 300.00 in the 10 year period

The User acknowledges that {{brandName}}, does not control or previously censor the content available on the Website, meaning tips, advice, recommendations and opinions generated by professionals and / or Users. Therefore, {{brandName}} assumes no responsibility for the content provided to the Web Site by independent providers other than {{brandName}}. Under no circumstances shall {{brandName}}, be liable for any direct or indirect damage and/or harm caused by virtue of the user’s reliance on information obtained through this Web Site. {{brandName}} reserves the right to delete or modify the content of the Website that, in the sole opinion of {{brandName}}, does not comply with the standards of {{brandName}}, or that could be contrary to current legislation. But {{brandName}} shall not be liable for any failure or delay in removing such material.

4.- Formats

Users acknowledge that by providing the personal information required in any of the services provided on this web site, they grant {{brandName}}, the authorization referred to in Article 109 of the Federal Copyright Law. In all cases, users are responsible for the accuracy of the information provided to {{brandName}}.

5.- Copyright and Industrial Property Rights

{{brandName}} and {{brandUrl}}, their logos and all the material that appears in the referred Internet page, are distinctive signs, brands, domain names, commercial notices and/or commercial names protected by the international treaties and applicable laws in the matter of industrial property and copyright, property of {{brandName}}, unless another ownership is expressly indicated.

5.2.- {{brandName}} is holder of the licenses and authorizations of all type, necessary for the use in {{brandUrl}} of contents and rights of intellectual property that are of the ownership of third parties.

The copyrights on the content, organization, compilation, compilation, information, logos, photographs, images, programs, applications, graphic designs, musical and audiovisual works, or in general any information contained or published in {{brandUrl}} are duly protected in favor of {{brandName}}, its Affiliates, Suppliers and/or their respective owners, in accordance with the applicable legislation on intellectual property.

It is forbidden any use, reproduction, distribution, commercialization or public communication of all or part of the rights owned by {{brandName}}, without prior authorization. Should any user be interested in obtaining authorization for the use of any of the protected materials, he/she should contact us through the contact form.

5.5.- The user is expressly prohibited from modifying, altering or deleting, either totally or partially, the notices, trademarks, trade names, commercial names, signs, advertisements, logos or in general any indication that refers to the ownership of information contained in {{brandUrl}}.

In case the User transmits to {{brandName}} any information, programs, applications, software or in general any material that requires to be licensed through {{brandUrl}}, the User grants to {{brandName}}, in this act, a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, including among the rights granted, the right to sublicense, sell, reproduce, distribute, transmit, create derivative works, exhibit and publicly perform them.

The provisions of the preceding paragraph shall also apply to any other information that the User sends or transmits to {{brandName}}, (including, without limitation, ideas to renew or improve the site {{brandUrl}}), whether these have been included in any space of {{brandUrl}}, by virtue of other means or modes of transmission already known or in the future developed.

5.8.- For the foregoing, the User expressly waives in this act to attempt any action, demand or claim against {{brandName}}, its Affiliates or Suppliers for any actual or potential violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the User sends to {{brandUrl}}.

5.9.- It is our policy to act against violations of Intellectual Property that may be generated or originate as stipulated in the applicable legislation and other applicable intellectual property laws, including the elimination or blocking of access to material that is subject to activities that infringe the intellectual property rights of third parties.

5.10.- In the event that any User or third party considers that any of the Contents that are or are introduced in {{brandUrl}}, and/or any of its Services, violate their intellectual property rights, they must send a notification to {{brandUrl}}, to the address that appears in the following paragraph, in which they indicate, at least: (i) true personal data (name, address, telephone number and e-mail address of the claimant); (ii) the autograph signature with the personal data of the holder of the intellectual property rights; (iii) the precise and complete indication of the Content(s) protected by the allegedly infringed intellectual property rights, as well as their location on {{brandUrl}}; (iv) an express and clear statement that the introduction of the indicated Content(s) has been made without the consent of the owner of the allegedly infringed intellectual property rights; (v) an express, clear and responsible statement by the claimant that the information provided in the notification is accurate and that the introduction of the Content(s) constitutes an infringement of its intellectual property rights.

6.- Advertising Material

The User acknowledges and agrees that {{brandName}} is an independent organization from third party sponsors and advertisers whose information, images, advertisements and other advertising or promotional material (the “Advertising Material”) may be published on {{brandUrl}}.

The User acknowledges and agrees that the Advertising Material is not part of the main content that is published on {{brandUrl}}. Likewise, the User acknowledges and accepts in this act, that the Advertising Material is protected by the applicable intellectual and industrial property laws.

The users offering {{brandName}} must, at the time of elaborating the advertising messages that will be disseminated by {{brandName}}, comply with the general regulations on advertising established in the Federal Law of Consumer Protection, and with all those rules of a general nature that may eventually be applicable to the goods and services owned by the offeror.

In particular, bidding users may not include in the offers of goods or services advertising messages that:

Violate the dignity of persons.

Misleading advertising messages, understood as those that in any way, including their presentation, mislead or are likely to mislead buyers, and may affect their economic behavior or harm or be likely to harm a competitor.

Advertising messages that by their content, form of presentation or dissemination cause discredit, denigration, or direct or indirect disparagement of a person, company or its products or services.

Advertising messages that induce confusion with the companies, services, products, brands or other distinctive signs of competitors.

Advertising messages that make unjustified use of the name, trademarks or distinctive signs of other companies or institutions.

Advertising messages that, in general, are contrary to the rules of propriety or good business practices.

Comparative advertising messages, when they are not based on essential, related or objectively demonstrable characteristics of the products or services.

Advertising messages that contrast goods or services with others that are not similar or are unknown or of limited market share.

In the descriptions of the goods or services being marketed, fundamental data of the goods or services may not be concealed when such omission would mislead the addressee.

6.4.- Since {{brandName}} forwards to users the advertising messages provided by its customers, without such content being filtered in any way by {{brandName}}, as well as will not be responsible for non-compliance by the bidders of the requirements for advertising their products or services, mentioned in the preceding paragraphs.

6.5.- In accordance with the regulations in force in Mexico, regarding the protection of consumers and users and sales made outside of commercial establishments, sellers must insert in all offers for the sale of products or provision of services intended to be disseminated among the users of {{brandName}} the following data:

A truthful description of the products or services offered.

When the products offered are an imitation or a certain article, which although apparently precious, is not so in reality, this must be expressly stated in the advertisement.

The identity of the seller of the product or service provider.

The price of the product offered, or the service to be rendered, including all taxes.

What are the costs of delivering the products or providing the service and who is responsible for these costs.

The method or methods of payment.

The method or methods of delivery of products or provision of services.

The conditions for exercising the right to return products.

The warranty conditions offered by the seller.

6.6.- {{brandName}} is not responsible for the non-fulfillment by the offerers of products or service providers of the above requirements.

6.7.- {{brandName}} is not responsible for the non-compliance by the bidders of the conditions for the exercise of the right of return of the products, nor does it guarantee the proper functioning of the same.

Denial of Warranties

USER AGREES THAT USE OF {{brandUrl}} IS AT USER’S OWN RISK, THAT THE SERVICES AND PRODUCTS PROVIDED AND OFFERED AT {{brandUrl}} ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. {{brandName}} DOES NOT WARRANT THAT {{brandUrl}}, WILL 100% SATISFY USER REQUIREMENTS, OR THAT {{brandUrl}} SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

7.2.- {{brandName}} DOES NOT WARRANT OR GUARANTEE IN ANY WAY THE TRUTH, ACCURACY, LEGALITY, MORALITY OR ANY OTHER CHARACTERISTICS OF THE CONTENT OF MATERIAL POSTED ON {{brandUrl}}, {{brandName}} DISCLAIMS ALL LIABILITIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND INFORMATION CONTAINED ON OR AVAILABLE AT OR THROUGH {{brandUrl}}, INCLUDING, WITHOUT LIMITATION:

i) THE AVAILABILITY OF THE USE OF {{brandUrl}}, BY REASON OF technical problems attributable to the communication and data transmission systems.
ii) THE ABSENCE OF VIRUSES, ERRORS, DEACTIVATORS OR ANY OTHER CONTAMINATING MATERIAL OR MATERIAL WITH DESTRUCTIVE FUNCTIONS IN THE INFORMATION OR PROGRAMS AVAILABLE ON OR THROUGH {{brandUrl}}. OR, IN GENERAL ANY FAILURE IN {{brandUrl}}.

iii) COSTS ARISING FROM CHANGES OR UPGRADES TO EQUIPMENT OR SOFTWARE REQUIRED FOR THE USE OF THE SERVICES OF {{brandUrl}}.

NOTWITHSTANDING THE FOREGOING, {{brandName}} OR ITS SUPPLIERS MAY UPDATE THE CONTENT OF {{brandUrl}}, CONSTANTLY, SO THE USER IS REQUESTED TO TAKE INTO ACCOUNT THAT, ANY INFORMATION PUBLISHED OR CONTAINED ON OR THROUGH {{brandUrl}}. MAY BE OUTDATED AND/OR CONTAIN INACCURACIES OR TYPOGRAPHICAL OR SPELLING ERRORS.

8.- Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL {{brandName}} BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH, INCLUDING BUT NOT LIMITED TO:

i) THE USE OR PERFORMANCE OF {{brandUrl}}, OR DUE TO THE UNAVAILABILITY OF USE OF {{brandUrl}}.
ii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES FOR ANY INFORMATION OR GRAPHICS CONTAINED OR PUBLISHED ON OR THROUGH {{brandUrl}}, OR FOR THE UPDATING OR FAILURE TO UPDATE THE INFORMATION, THAT THE INFORMATION HAS BEEN ALTERED OR MODIFIED, IN WHOLE OR IN PART, AFTER IT HAS BEEN INCLUDED ON {{brandUrl}}, ANY OTHER ASPECTS OR FEATURES OF THE INFORMATION CONTAINED OR POSTED ON {{brandUrl}} OR THROUGH THE LINKS WHICH MAY EVENTUALLY BE INCLUDED THEREIN.

{{brandName}}, IS SOLELY RESPONSIBLE FOR THE CONTENT THAT IS INSERTED IN {{brandUrl}}, EXCLUDING ANY CONTENT PROVIDED BY THIRD PARTIES. THE CONTENTS INSERTED IN THE WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES. {{brandName}} IS NOT LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM SUCH ERRORS. {{brandName}} SHALL NOT BE RESPONSIBLE FOR THE ACCURACY, TRUTH, OR CURRENTNESS OF THE MATERIALS DISPLAYED AND SUBMITTED BY USERS.

8.3.- {{brandName}} MAY MAKE ANY CHANGES, MODIFICATIONS, DELETIONS OR ADDITIONS THAT IT DEEMS CONVENIENT IN THE CONTENTS INSERTED IN THE WEBSITE, WITHOUT THE NECESSITY OF PRIOR COMMUNICATION TO THE USERS OF THE WEBSITE.

8.4.- {{brandName}} SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE MAKING AVAILABLE TO USERS OF ANY THIRD PARTY OWNED CONTENT INSERTED ON THE WEBSITE AND, IN SPECIFICALLY, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY ARISE AS A RESULT OF (I) FAILURE TO COMPLY WITH THE LAW, MORALS AND PUBLIC ORDER (II) THE INFRINGEMENT OF ANY INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS, CONFIDENTIALITY AGREEMENTS OR INDUSTRIAL SECRETS, (III) INFRINGEMENT OF THE RIGHTS OF HONOR, PRIVACY AND SELF-IMAGE OF THIRD PARTIES, (IV) VICES OR DEFECTS OF ANY KIND THAT THE CONTENTS SUPPLIED BY THIRD PARTIES MAY HAVE.

THE USER OR ANY THIRD PARTY MAY NOT MAKE ANY CLAIM TO {{brandName}} FOR ANY DIRECT OR INDIRECT DAMAGE, CAUSED BY THE IMPROPER USE OF THE SERVICES OF {{brandUrl}}.

THE USER MAY NOT MAKE ANY CLAIM TO {{brandName}} AS A RESULT OF LOSS OF ACCOUNT NUMBER OR PASSWORD, OF ACCESS NOT AUTHORIZED BY THE USER TO THE SERVICES, OF ALTERATION OF THE USER’S TRANSMISSIONS OR DATA, PROVIDED THAT THEY ARE NOT ATTRIBUTABLE TO {{brandName}}.

{{brandName}}.mx reserves the right to terminate a user, with the consequent loss of accumulated points, at the time it detects that such user:

It violates the anti-spam policy described in paragraph 12 of these Terms of Service.
Violates anti-fraud policy
Provide false information when filling out the registration form.
Provides false or non-existent e-mail addresses or cell phone numbers.
It benefits from referral incentives through false registrations.
Bounces your email consecutively in sending messages for 3 months.
It does not register any activity in the posting of messages nor does it access its personal area in the period of one (1) year.
Has not accumulated 30 points in the 10-year period.
Any registration that denotes a lack of interest in the service offered (click, registration, survey, download, or any service that {{brandName}} makes available to the user) may be cancelled by fraud without prior justification.

9.- Modifications to {{brandUrl}}

{{brandName}} may at any time and whenever it deems appropriate, without notice to the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of {{brandUrl}} without giving rise to any claim or compensation, nor does it imply recognition of any liability whatsoever in favor of the User.

Amendments to the Agreement

{{brandName}} reserves the right to modify the terms and conditions of this Agreement at any time, such modifications to be effective immediately:

10.2.- For the publication in {{brandUrl}} of the modified or amended Agreement

10.3.- For notifying the User of such modifications. The User agrees to review this Agreement periodically in order to be aware of such modifications. Notwithstanding the foregoing, each time the User accesses {{brandUrl}} it will be considered as absolute acceptance of the modifications to the Agreement.

11.- Exclusion of liability

11.1.- From time to time, {{brandName}} may add to the terms and conditions of this Agreement with additional provisions relating to specific areas or new services to be provided on or through {{brandUrl}} (“Additional Terms”), which will be posted in the specific areas or new services of {{brandUrl}} for your perusal and acceptance. The User acknowledges and agrees that such Additional Terms are an integral part of this Agreement for all legal purposes.

{{brandName}}, does not have obligation to control and does not control the use that the Users make of the Portal, of the Services and of the Contents.

In particular, {{brandName}} does not guarantee that the Users use the Portal, the Services and the Contents in accordance with these General Conditions and, in its case, the applicable Particular Conditions, nor that they do it in a diligent and prudent way. {{brandName}}, also has no obligation to verify and does not verify the identity of Users, nor the veracity, validity, completeness and/or authenticity of the data that Users provide about themselves to other Users.

11.4.- {{brandName}} assumes no liability for damages of any kind that may arise from the use of services and content by users or that may arise from the lack of accuracy, validity, completeness and / or authenticity of the information that users provide to other users about themselves, and in particular, but not exclusively, for damages of any kind that may arise from the impersonation of a third party made by a user in any kind of communication made through the portal.

11.5.- {{brandName}} contains links to other pages that are owned by third parties outside {{brandName}}, therefore, is not responsible for the contents, whatever their nature, which are inserted in these pages, nor markets the products or services made available to users on web sites that are accessed through these links. Access by users of {{brandName}} to these pages through the aforementioned links is at the user’s own risk.

12.- Anti-Spam Policy

{{brandName}} does not allow in any case that the Users carry out Spam practices, that is to say the indiscriminate sending of messages to e-mail accounts or groups of diffusion of news without previous authorization of the holders of these e-mail accounts, or of the members of these groups of diffusion.

In the moment that {{brandName}} detects that any of the users is carrying out such practices will be immediately terminated as a user. If any user of {{brandUrl}} site receives any type of spam from any user, he/she should notify us immediately through the contact form in order to take the appropriate measures. For more information, please refer to our anti-spam policy.

13.- Assignment of Rights

{{brandName}} may, at any time and when it deems appropriate, assign all or part of its rights and obligations under this Agreement. By virtue of such assignment, {{brandName}} shall be released from any obligation in favor of the User set forth in this agreement.

14.- Indemnification

The User agrees to indemnify {{brandName}}, its Affiliates, Suppliers, Vendors and Advisors from any action, claim or demand (including attorneys’ fees and court costs) arising out of any breach by the User of this Agreement, including, without limitation, any of the foregoing:

i) Of any aspect relating to the use of {{brandUrl}}
ii) Of the information contained or available on or through {{brandUrl}}

iii) For libel, defamation or any other conduct in violation of this agreement by the user in the use of {{brandUrl}}

iv) Infringement of applicable laws or international treaties relating to copyright or intellectual property rights contained or available on or through {{brandUrl}}.

15.- Termination

{{brandName}} reserves the right, at its sole discretion, and without notice or notification to the User, to:

i) To terminate this Agreement definitively
ii) Discontinue or cease publication of {{brandUrl}} permanently without liability to {{brandName}}, its Affiliates or Suppliers.

16.- Subsistence

These terms and conditions, as well as the Additional Terms constitute the entire agreement between the parties, and supersede any other agreement or arrangement previously entered into. Any clause or provision of this Agreement and the Additional Terms, legally declared invalid, shall be eliminated or modified, at the option of {{brandName}}, in order to correct its defect or flaw. However, the rest of the clauses or provisions will maintain their force, binding and validity.

17.- No Waiver of Rights

Inaction by {{brandName}}, its Affiliates or Suppliers to exercise any right or action derived from this Agreement shall at no time be construed as a waiver of such rights or actions.

18.- Applicable Law and Jurisdiction

18.1.- The parties agree that any dispute arising from this Agreement, before attempting any legal action, they agree to follow a mediation process before the Alternative Justice Center of the Superior Court of Justice of the Federal District, in accordance with the Alternative Justice Law of the Superior Court of Justice of the Federal District, If after exhausting the mediation process no agreement is reached between the parties, the parties may go to the Courts of Mexico City, Federal District, expressly waiving any other jurisdiction that may correspond to them.

19.- About {{brandName}}

About {{brandName}}

Pericom SA DE CV

PERI210122CS4

Leibnitz #1 270, Anzures, Miguel Hidalgo,
Mexico City, 11590

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