The following Agreement and all its appendixes (“User Agreement”) regulate the use of services provided by this website or by web hosting sites, located within or linked there to, contained in www.forumbythesea.com.mx (the Website). Every time a person uses the Website, he or she becomes a user of the Website (the User). When having access to the Website or using services provided through the Website, the User implicitly and unconditionally accepts to be bound over terms and conditions contained herein, for which the User will join the content and implication thereof in the User Agreement version published from time to time at the exact moment when User has access to the Website. Consequently, it is recommended that the User carefully reads the User Agreement and its annexes everytime the Website is used, for it may appear as updated and/or modified without any direct personal notice to the User.

In regards to the above, the User may at all times examine the updated version of the User Agreement by reaching the Terms and Conditions link located when accessing this page.

SERVICE DESCRIPTION

The Website provides the Users, directly or indirectly, with access and/or use, whatever the case may be, to a range of online resources, services and contents through a global information system or network known as the Internet, including but not limited to: information related to names, clients, suppliers, documents, numbers, industrial and commercial secrets, private processes or secrets which exist of may exist from time to time, as well as plans, strategies, promotions and publicity creations; any kind of information related to developments, manufacturing and operational techniques, plans or projects, equipments, inventions, discoveries, patents or patent requests, ideas, brands, distinctive badges, designs, industrial drawings, utility models, engineering, architecture and environments drawings, syntheses, drafts, software systems and programs, reports, materials, inputs, costs, specifications, methods, procedures, research and analyses, sales activities and procedures, acquisitions, techniques for promotion and price fixation, finance and credit information, statistics, news, leading articles, research, photographies, videos (the “Services”). The Website has the right to modify, add or elliminate unilaterally and in any moment without prior notice the Services, presentation and configuration of the Website and any of the Services therein, as well as conditions required to access and/or use any of the Services.

ACCESS TO WEBSITE AND USE OF SERVICES

Service provided to Website Users is free. The Website provides its Users with exclusive capacity to use Services thereof, consequently the User must own the equipment required for connecting and having access to the Internet (World Wide Web or www) through any telephone line or other connection using technology known or to be known.

The User will be responsible at all times for the costs associated with such access.
The User is required by law to use, access and make use of Services in compliance with regulations, moral codes, decency and public order rules applicable in the country of User’s residence, therefore binding him or herself to abstain from using the Website and the Services or to fulfill illegal actions, harmful of rights and concerns of third parties, and contrary to the User Agreement or with seditious or clandestine purposes which may harm, hinder, overload or deteriorate the Website and the Services or impeach its normal use from Users, in which case the Webside may, in awareness of such misuse, interrupt the Services to User immediately after the Webside has obtained such knowledge, and the User will have three natural days to rectify such misuse or express before the Website whatever suits the User’s right.

The User declares that he or she knows and is aware that all information, data, texts, software, music, sound, photographs, graphics, videos, messages or any other material contained in the Website and the Website itself and its layout (the “Content”), either published for the general audience or broadcast privately, is the exclusive ownership of the Website, except when otherwise openly declared.

THIRD PARTY CONTENT MATERIAL OR SERVICE PROVIDERS

Texts, photos, graphics, maps and audiovisual material from agencies, services providers or any third party not belonging to the Website or any other material used or to be used, must not be published, transmitted, edited for transmission or publication or redistributed directly or indirectly in any means by the User. None of these materials or any portion of them may be stored in a computer with exception of those of personal and non-commercial use. The Website is not liable for any delay, inaccuracy, error or omission regarding Third Party Material.

INFORMATION PROVIDED BY THE USER

In the event that any User decides to send any type of information to the Website, for reference and exclusive use thereof, or else to be included in areas of Services to which the general audience has an access to, or publishes and/or sends material consisting of photos, texts, videos, and so forth or other graphic material which is likewise published in areas of free access to Services, Users agree to grant the Website a universal right to irrevocable, life-long, non-exclusive and totally subject to sublicensing as well as a license for the use, reproduction, modification, adaptation, publication, translation, creation of works derived from the original, distribution, execution and presentation of said information (in whole or in part) in order to incorporate it into another work or paper in any form, means or known technology at present or developed at a later date.

In case that the User is not in agreement with the above he or she must abstain from sending information of the nature of what was described in the paragraph above.

The User admits and agrees that the Website may keep and store in its files for self use the personal information of the User and may also reveal such information if the law and/or competent authority demand it or for considering in good faith that the storage or revelation is reasonably necessary for: (i) complying with legal procedures, either administrative or judicial; (ii) complying with the User Agreement; (iii) responding to claims involving any information in detriment of rights of third parties; or (iv) protecting the rights, ownership, or security of the Website, its Users and general audience.

COPYRIGHT AND INTELECTUAL PROPERTY POLICY

The User acknowledges that the Service and any type of software required for use in connection to the Service may contain external or confidential information that may be protected by the laws of intelectual property and other applicable laws. The User declares that he or she knows and agrees that the Content which is part of the publicity scheme of sponsors and advertisers and/or information presented to his or her attention through the Service or sponsors or advertiser may be protected and/or restricted in its use by copyright, reproduction, brand, patent of other ownership and lawful rights.

In particular exception of that which is authorized even if it is specifically declared by the Website, its sponsors or advertisers, the Users bind themselves not to modify, copy or reproduce, rent, lend, sell, distribute or create works of the Service and /or works based on the Service in its whole or in part.

All of the Content of the Services is protected by rights of reproduction: “Copyright © 2008 Cabi Inver, S.A. de C.V. All rights reserved. Total or partial reproduction prohibited” or by Content of third parties providing Content that likewise are protected by international laws of reproduction rights.

GICSA ® and each and every one of the names used in the Service and in general on the Website are registered trade marks. Images and elements displayed on the Website are merely referencial and are subject to changes without prior notice. Any of the partnerships directly or indirectly associated with the GICSA ® trademark, as well as stockholders thereof are not liable for modifications, alterations or variations suffered by projects displayed on the Website including, without limiting, dimensions, proportions and distributions of each one of the civil land and buildings, as these are only approximate. The Content is exclusively for information and conceptual purposes in regards to the general characteristics of each project. All industrial and intelectual property rights contained herein and declared are protected by the Industrial Property Law and the Federal Copyright Laws, respectively, hence its total or parcial reproduction is totally prohibited.

The User binds him or herself not to reproduce, duplicate, sell or exploit for commercial reasons, all and/or any portion of the Services or the Content under any circumstance whatsoever.

THIRD PARTY LINKS

In some cases, the Website provides links to other internet sites and/or third party resources. As the Website does not have control over the sites or resources thereof, the User acknowledges and accepts that the Website is not and will not be liable for the availability of external and alien websites thereof or the access thereto, and neither for the resources used thereby, and does not accept nor will accept to be considered as responsible for the access denial thereto nor for any Content, advertisement, product or other material belonging to such sites or resources available therein. Likewise, the Website will not be held responsible for loss or damage caused or seemingly produced by or in connection with Content use or security, product or service available therein, or through any of such sites or resources.

INDEMNITY

In all event mentioned below and/or those derived therefrom, the User accepts to be held liable and agrees to indemnify and hold harmless the Website, its officers, directors, shareholders, employees, independent contractors, providers, agents, from and against any and all claims, including reasonable attorney’s and accounting fees, made by third parties due to and derived from: (a) usage of the Service; (b) connection with or to Services; (c) any breach or violation of these Terms and Conditions against ownership rights, copyright, trademarks or any other right of whatever person or entity.

TERM

All Service Users accept and agree that the Website, in its exclusive discretion and without prior notice, may terminate or suspend the use in whole or in part of Services for any cause or reason, acknowledging that the Website will not be held responsible in the face of Users or third parties for such term or suspension.

USE OF SITE POLICIES

Users accept and acknowledge that the Website may establish at any moment and without prior notice general and specific guidelines and policies for Users, as well as restrictions concerning Services, as long as they are published in the Website, time after which they will be applicable to Users.

INFRINGEMENT TO USER AGREEMENT

The Website requires that all Users report any breach or infringement to the User Agreement or to Specific Agreements as soon as they are informed about them through the “Contact Us” section found on the host page of GICSA®

LIMITATION ON LIABILITY

The Website in no way can assure that Services: (a) meet appropriate measures required or expected from or by each one of the Users; (b) are not interrupted; (c) arrive on time; (d) are delivered with certain speed level; (e) are delivered without mistakes; (f) or that results obtained through the use of said services be accurate and/or reliable.

The Website does not guarantee that any mistake in the software of Services may or can be corrected in whole or in part, hence the Website will not be bound to grant any privilege whatsoever.
The Website will not be held responsible for direct, indirect, moral, special or consequential damages resulting from the use of the Service or from impeachment to use it.

APPLICABLE LAW

The User, upon accessing to the Website, openly and irrevocably accepts the fact that this User Agreement, as well as the relationship between the User and the Website will be governed by and interpreted in agreement with laws of the Mexican Republic. In case of controversy, the User and the Website must willingly submitt themselves to the jurisdiction of Courts in Mexico City, the Users renouncing to any other privilege to which they are possibly entitled to in reason of their current or future address.

DISCLAIMERS

The Website’s failure to exert any right or provision of this User Agreement or to monitor its compliance will not become a waiver to such right or provision unless it is acknowledged and accepted in writing by the

CLAIMS

Any claim or action resulting from or related to the User Agreement or from the use of Services must be delivered within five subsequent days as from the date in which the event causing the corresponding claim or legal action has been verified, or else the User will lose that right forever. The User expresses his acceptance to the above regardless of what has been established or prescribed by some legislation in contrary.

HEADINGS

Headings contained in this User Agreement, are solely for the convenience of reference and do not have any legal or contract effect upon these Terms and Conditions.