Diez de Bonilla

Terms of Use and Disclaimer

User Agreement of diezdebonilla-kuri.com.mx

1. USER AGREEMENT.

This Agreement (hereinafter referred to as the "User Agreement") governs the use of the services provided by DIEZ DE BONILLA, KURI and ASSOCIATES through the internet portal or the pages or sites hosted, located or linked to or within it, which is located at diezdebonilla-kuri.com.mx (hereinafter "DBKA" or the "Portal"). Every time a person accesses the Portal or uses the services provided by DBKA, detailed below, they acquire the status of a DBKA user (hereinafter the "User"). By accessing DBKA or using the services provided through the Portal, the User tacitly and unconditionally agrees to be subject to the terms and conditions contained in this User Agreement, as well as the scope of it in the version of the User Agreement published online by DBKA from time to time at the moment the User accesses DBKA. Therefore, it is recommended that the User carefully reads the User Agreement every time they use DBKA services since it can be updated and/or modified by DBKA at any time without direct personal notification to the User.

In connection with the foregoing, the User may review the updated version of the User Agreement at any time by simply clicking on the User Agreement text located at the bottom of the access page.

2. SERVICE.

DBKA provides Users, directly or indirectly, with access to and/or use, as the case may be, of a series of online resources, services, and content through the global information system or network known as the "Internet" (World Wide Web or www), including but not limited to: Information on products and services for electronic purchases through the Portal's intermediation services (hereinafter referred to as the "Services"). DBKA reserves the right to modify, add or remove, at any time and without prior notice, the Services, the presentation, and configuration of DBKA, and any of the Services, as well as the conditions required to access and/or use any of the Services. Similarly, the acquisition, purchase, sale, or obtaining of any item through any of the Services is done at the sole and exclusive risk of the Users.

3. ACCESS TO DBKA AND USE OF THE SERVICES.

3.1 FREE SERVICE

The provision of Services to Users by DBKA is free, except for certain Services that can only be used upon payment of a fee, which DBKA will identify for the User's use from time to time. DBKA only provides its Users with the ability to use the Services, so the User is responsible for having the necessary equipment to establish a connection and access the Internet through any phone or other connection using known or yet-to-be-known technology. The User will always be responsible for the costs associated with such access.

3.2 APPROPRIATE USE OF DBKA.

The User agrees to use and access DBKA and make use of the Services in accordance with the laws, morality, good customs, and public order applicable in the country where they are located when accessing the Services and with what is provided in this User Agreement. Therefore, the User agrees not to use DBKA and the Services or perform actions for illegal purposes, harmful to the rights and interests of third parties, contrary to the User Agreement, or for seditious or clandestine purposes, or in any way that may damage, disable, overload, or deteriorate DBKA and the Services or prevent normal use by other Users. In such cases, DBKA may, upon becoming aware of such use, suspend the Services to the User immediately after DBKA has obtained such knowledge, and the User will have five days to remedy such use or present a response to DBKA as they see fit.

3.3 DBKA CONTENT.

The User acknowledges and is aware that all the information, data, text, software, sound, photographs, graphics, videos, messages, or other materials contained in DBKA, as well as the Portal itself and its page design or "layout" (hereinafter the "Content"), whether published for the general public or transmitted privately, is the exclusive property of the owner of such Content and the exclusive responsibility of the person who originated the Content and not of DBKA, unless expressly stated otherwise. Therefore, DBKA is not responsible for the Content, and its publication does not in any way represent the opinion of DBKA. The User or the person generating the Content will be solely responsible for it, whether it has been introduced, published, sent by email, or otherwise transmitted through DBKA or the Services.

Since DBKA does not control the Content that is transmitted, stored, or published through the Services, it does not guarantee the accuracy, truthfulness, suitability, timeliness, completeness, usefulness, or quality of the Content. The User, by using the Service, may be exposed to Content that is offensive, indecent, or unacceptable to them or illegal under the laws applicable in the User's country of residence or the country where the User is located when accessing the Services. Therefore, DBKA, under no circumstances, will be liable to the User or to third parties for the Content, including, but not limited to, any type of error or omission in any Content, or for any losses, damages, penalties, and/or fines of any kind incurred as a result of any Content published, sent by email, or otherwise transmitted through the Portal.

3.4 APPROPRIATE USE OF DBKA SERVICES.

In cases where the User makes use of those Services that, by their nature, allow Users to introduce Content into DBKA and make it accessible to other Users, such as, among others, email services or online shopping services (collectively hereinafter referred to as "Online Services"), they agree to use them in accordance with the applicable laws, morality, good customs, public order, and the User Agreement. For illustrative purposes, but not limited to, the User agrees not to use the Services to:

• (a) introduce, publish, send by email or otherwise transmit any Content that goes against applicable laws, morality, good customs, harms, threatens, abuses, attacks, defames, slanders, violates the privacy of third parties, generates racial and/or ethnic and/or religious hatred, or is otherwise contrary to what is established in this User Agreement, in which case DBKA may, upon becoming aware of such use, suspend the Services to the User immediately after DBKA has obtained such knowledge, and the User will have five days to remedy such use or present a response to DBKA as they see fit;

• (b) impersonate another person or entity, introduce false, altered, or distorted data causing error, confusion, misunderstanding, or deception;

• (c) forge headers or otherwise manipulate identifiers to conceal the origin of any Content transmitted through the Services;

• (d) introduce, publish, send by email, or otherwise transmit any Content that the User is not entitled to transmit under any law or under any contractual or fiduciary relationship (such as insider information, proprietary or confidential information learned or disclosed as part of an employment relationship or under confidentiality agreements);

• (e) introduce, publish, copy, profit from, and/or send by email or otherwise transmit any Content that infringes any copyright, patent, trademark, trade secret, reproduction rights, or any other intellectual or industrial property right of any third party and/or DBKA;

• (f) introduce, publish, send by email, or otherwise transmit any advertising, promotional material, junk mail, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of DBKA that are expressly designated for that purpose (such as, if applicable, shopping areas);

• (g) introduce, publish, send by email, or otherwise transmit any material that contains computer viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

• (h) disrupt the normal flow of dialogue, cause the screen to scroll at a speed where other users of the Services are unable to type through their computer keyboard, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;

• (i) interfere with or disrupt the Services and/or the internal servers or networks connected to the Services;

• (j) violate any applicable law in Mexico, the Federal District, the User's place of residence, and/or the place where the User is located when accessing the Service, whether such law is municipal, provincial, local, state, federal, or international, including, but not limited to, regulations promulgated by any Stock Exchange where transactions are specifically made and/or any similar regulation, whether intentional or unintentional;

• (k) stalk or otherwise harass another person;

• (l) collect or store personal data about others; and,

• (m) engage in any other activity that is contrary to good customs.

• (n) Intrude into the personal Services of others and access their personal information, email account, etc.

Although DBKA does not pre-screen the Content, DBKA and its designated persons have the discretion (but not the obligation) to review, refuse, remove, modify, replace, and/or move any Content available through the Services at any time without prior notice to Users. DBKA may suspend access or any service to the User for this reason. DBKA has the same authority and right to remove any Content that violates the User Agreement or that otherwise represents or implies an objection and/or contradiction to it. DBKA states, and the User accepts, that it is the exclusive responsibility of the Users to evaluate and assume the risk associated with using any Content, including regarding the accuracy, completeness, or usefulness of the Content. Therefore, the User expressly acknowledges that they cannot rely on the Content accessible through DBKA.

The User acknowledges and agrees that DBKA may retain and store personal information, User Content, and may also disclose it if required by law and/or a competent authority or if DBKA believes in good faith that such retention or disclosure is reasonably necessary to: (i) comply with legal processes, whether administrative or judicial; (ii) comply with the User Agreement; (iii) respond to claims involving any Content that infringes third-party rights; or (iv) protect the rights, property, or safety of DBKA, its Users, and the general public.

The User acknowledges that the provision of the Services, including the technical processing and transmission of the Services, may involve (a) transmissions across various networks; and (b) changes to conform and adapt to technical requirements for connecting to networks or devices.

Regarding the use of specific Services contained within DBKA, the User must abide by what is agreed upon in this User Agreement.

3.5 PROPER USE OF DBKA CONTENT.

The User must refrain from obtaining and even attempting to obtain Content through DBKA or the Services by means or procedures other than those that have been made available for this purpose or indicated for this purpose on the web pages of the Portal where the Content is located, or generally those that are commonly used on the Internet for this purpose.

The User agrees to use the Content diligently, correctly, and legally; therefore, if not, DBKA may suspend the Services to the User immediately after DBKA becomes aware of such use, and the User will have five days to remedy such use or express to DBKA what they deem appropriate.

Furthermore, the User specifically agrees to refrain from:

• (a) using the Content in any manner, for purposes or effects contrary to the applicable laws of Mexico, the Federal District, the User's place of residence, and/or the location from which the Services are accessed, morality, good customs, and/or public order;

• (b) reproducing, copying, distributing, allowing public access through any form of public communication, transforming, or modifying the Content without prior authorization from the rights holder;

• (c) removing, circumventing, or manipulating copyright, trademarks, patents, "copyright," and other identifying data of DBKA's rights or its rights holders incorporated into the Content, as well as technical protection devices, digital fingerprints, or any informational mechanisms that the Content may contain; and

• (d) using the Content and, in particular, any information obtained through DBKA or the Services, to send advertising, communications for direct sales purposes, or for any other commercial purpose, unsolicited messages directed at multiple persons regardless of their purpose, as well as refraining from marketing or disclosing such information in any manner.

Any Content downloaded by the User through the Services will be at their own discretion and risk, making them solely responsible for any damage to their computer, equipment, or system, as well as for any loss or alteration of data contained therein.

4. INTELLECTUAL PROPERTY RIGHTS.

The User acknowledges that the Service and any software necessary to be used in connection with the Service may contain third-party and confidential information that may be protected by intellectual property laws and other applicable laws.

The User states that they are aware and agree that the Content found in the advertising of sponsors or advertisers and/or information presented to them through the Service or by sponsors or advertisers may be protected and/or limited in use by copyright, reproduction, trademark, patent, or other property rights and laws.

Except for those expressly authorized and specifically indicated by DBKA, its sponsors, or advertisers, Users agree not to modify, copy, reproduce, rent, lend, sell, distribute, or create works of the Service and/or derivative works based on the Service, in whole or in part.

All Content in the Services is protected by intellectual property rights. All rights reserved. Total or partial reproduction is prohibited. " or by third-party Content providers that are also protected by international intellectual property laws. DBKA, Officedepot.com.mx, and each name used in the Service and generally in DBKA that includes the word DBKA in its name are registered trademarks owned by Wayak Technologies, S.A. de C.V. Likewise, the DBKA logo is registered and owned by Wayak Technologies, S.A. de C.V. The User agrees not to reproduce, duplicate, sell, or exploit for commercial reasons, the entirety and/or any portion of the Services or the Content under any circumstances.

5. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.

If any User or third party believes that any of the Content found or introduced in DBKA and/or any of its Services infringes their intellectual property rights, they must send a notification to DBKA indicating at least: (a) personal data (name, address, phone number, and email address of the claimant); (b) the claimant's signature along with the personal data of the intellectual property rights holder or the person duly authorized to act on behalf of and in the interest of the intellectual property rights holder allegedly infringed and/or violated; (c) a precise and complete indication of the Content(s) protected by the allegedly infringed intellectual property rights, as well as its location in DBKA or any of the Services; (d) a clear and explicit statement that the introduction of the indicated Content(s) was made without the consent of the intellectual property rights holder allegedly infringed; (e) a clear, explicit, and under the responsibility of the claimant statement that the information provided in the notification is accurate and that the introduction of the Content(s) constitutes a violation of their intellectual property rights; (f) a simple copy of the document that proves ownership of the allegedly infringed right. These notifications must be sent to "the Legal Department of Wayak Technologies, S.A. de C.V." at the email legal@DBKA.net, and further instructions will be provided along with the physical address to which the original documents should be delivered.

6. ADVERTISING.

If the User wishes, they may correspond with or participate in promotions from sponsors or advertisers showcasing their products and/or services in the Services. Any such correspondence or promotions, including the delivery of and payment for the products and/or services, and any other terms, conditions, guarantees, or statements associated with such correspondence or promotions, are understood to be exclusive between the corresponding User and the advertiser and/or sponsor, and therefore DBKA will not be responsible for the truthfulness, functionality, content, and quality of such products and/or services or for the payment made to that person.

Consequently, DBKA assumes no responsibility or obligation in this regard, nor can or will be held responsible for any such correspondence or promotions, nor will be liable for any loss incurred as a result of such dealings or as a result of the presence of such sponsors or advertisers in the Service. DBKA makes no guarantees regarding its own information and/or that of third parties.

7. LINKS TO THIRD-PARTY SITES.

In some cases, DBKA provides links to other websites and/or resources from third parties. Given that DBKA has no control over such sites or their resources, the User acknowledges and agrees that DBKA is not and will not be responsible for the availability of such external sites unrelated to DBKA or for access to them, nor for the resources they utilize, nor does it guarantee that the site contains legitimate and/or lawful information and does not accept or will accept liability for the inability to access them or for any Content, advertisements, products, or other materials from or available on such sites or resources. Likewise, DBKA will not be liable for any losses or damages caused or allegedly caused by or in connection with the use or security of such Content, products, or services available on or through any of those sites or resources.

8. INDEMNIFICATION.

In all cases mentioned later and/or those derived from them, the User agrees to be responsible and agrees to indemnify, hold harmless, and defend DBKA, its directors, officers, employees, collaborators, suppliers, agents, and/or shareholders from any claim and/or demand, including reasonable attorney fees and trial costs, made by third parties due to or arising from: (a) the Content they provide, publish, email, or transmit through DBKA's Services; (b) the use of the Service; (c) the connection with or to the Services; (d) any violation of the User Agreement or Specific Agreements; or (e) any infringement and/or violation regarding any intellectual property rights or other rights of any person or entity.

9. TERMINATION.

Every User of the Service agrees that DBKA, at its sole discretion and without prior notice, may terminate or suspend the use of all or part of the Services for any reason, and therefore they acknowledge that DBKA will not be liable to Users or third parties for such termination or suspension.

10. POLICIES FOR USING THE SERVICES.

Users accept and acknowledge that DBKA may establish at any time and without prior notice to Users general and specific practices and policies, as well as limitations concerning the Services, provided that they are published on the Portal, from which they will be applicable to Users.

11. VIOLATION OF THE USER AGREEMENT.

DBKA requests that all Users report any violations of the User Agreement or the Specific Agreements as soon as they become aware of them through any type of communication.

12. LIMITATION OF LIABILITY.

DBKA cannot guarantee that the Services: (a) will meet the appropriate, required, or expected criteria for each User; (b) will not be interrupted; (c) will be timely; (d) will arrive at a certain speed; (e) will arrive without errors; (f) or that the results obtained from their use will be accurate and/or reliable.

DBKA does not guarantee that any errors in the software of the Services will be or can be corrected totally or partially, and therefore DBKA will not be obligated to make any concessions. DBKA will not be responsible for direct, indirect, moral, special, or consequential damages resulting from the use of the Service or the inability to use it.

The price, quality, quantity, and delivery times will be established on the site, which may vary without prior notice; therefore, the conditions in place at the precise moment the purchase is made will apply. Likewise, DBKA is not responsible for timely delivery due to force majeure causes or due to weather, traffic, etc., or due to services provided by third parties, for which the User releases DBKA from any responsibility.

13. LEGISLATION.

By accessing DBKA, the User expressly and irrevocably agrees that this User Agreement, as well as the relationship between the User and DBKA, will be governed by and interpreted according to the laws of the United Mexican States. In case of dispute, the User and DBKA expressly submit to the jurisdiction of the Courts of Mexico City, Federal District, waiving any other jurisdiction that may correspond to them by reason of their current or future domicile.

14. WAIVER.

The failure of DBKA to exercise or enforce any right or provision of the User Agreement or Specific Agreements will not constitute a waiver of such right or provision unless it is recognized and accepted in writing by DBKA.

15. VALIDITY AND INTERPRETATION.

If any of the provisions contained in the User Agreement or any of the Specific Agreements is found to be invalid by a Court or Tribunal of competent jurisdiction or is impossible to enforce, both parties agree to request that the Court or Tribunal strive to give effect to the intention(s) of the parties as reflected in such provisions. However, the other provisions of this User Agreement will remain valid and in full legal force.

16. COMPLAINTS.

Any claim or action resulting from or related to the User Agreement or the use of the Services must be presented within two months immediately following the date on which the fact giving rise to the claim or corresponding legal action occurred, or that right will be forever lost. The User expresses their acceptance of the above, regardless of what is established or provided in any legislation to the contrary.

17. HEADINGS.

The headings and subheadings contained in this User Agreement are for convenience only and have no legal or contractual effect.

IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE PRIVACY POLICY, PLEASE CONTACT US AT THE FOLLOWING ADDRESS: contacto@diezdebonilla-kuri.com.mx