These terms and conditions of use apply to the Cox Energy, S.A.B. de C.V. (the "Company" or "Cox Energy") Website located at www.coxenergy.com.
Governing Law and Jurisdiction
These terms and conditions will be governed and interpreted pursuant to Mexican law.
The User and Cox Energy agree that any controversy or claim arising out of or in connection to the use of this Site will be governed by the laws of Mexico City and will be subject to the exclusive jurisdiction of the courts of Mexico City, expressly waiving any other jurisdiction to which it may be entitled by reason of its nationality or domicile.
Conditions of Access and Use
Accessing this Website implies the previous reading and acceptance by the Users of present terms and conditions. By accessing and using the Website it will be understood that the User expressly, fully, and unreservedly agrees to all of the content comprising these terms and conditions in the version published on the Website as of the time of access. If the User does not agree with the content of these terms and conditions, he/she must refrain from accessing the Website and navigating through it.
At any time, we may modify these terms and conditions, warning Users through corresponding notices on the Website so that they may be aware of their content as soon as these changes are conducted. Should these modifications be material, we may notify the users in a more noticeable manner. Your inaction or continued use of the Website, after such notifications, will inform us that you agree to said modifications.
The User expressly and fully accepts, without reservations or exceptions, that the access and use of this Website and its contents is under her sole and exclusive responsibility.
The User assumes, is aware and accepts, solely on account of visiting the website, that the data and information contained therein is included, only and exclusively, for information purposes and that at any given time it may contain errors, inaccuracies or may not be up to date.
Cox Energy reserves the right to modify, at its sole discretion, at any time and without notice, the configuration of the Website and its conditions of access. Similarly, the Company reserves the right to incorporate new services or content into the Website, as well as the right to remove, limit, suspend or prevent access to the Website, either temporarily or permanently.
Processing of Sensitive and Personal Data
In full compliance with the provisions outlined at the Federal Law for Protection of Personal Information in Possession of Private Entities and the Regulations applicable to said Law, the User of the Website is informed of the following:
Cox Energy is committed to treating the User's personal and/or sensitive data as absolutely confidential. The Company has implemented the required technical and organizational security measures to ensure the safety of the personal data under its possession and prevent its alteration, loss, treatment and/or unauthorized access, taking into account the existing technology, the nature of the data stored and the risks to which it is exposed, whether it is related to human action or physical or natural conditions.
General Statements and Guarantees
The Company states and guarantees that the Website currently has the required technology to allow access and use of the same. However, Cox Energy is not responsible for the possible existence of viruses or other harmful elements, introduced by any means or by any third party, that may cause or generate alterations in the User's computer systems, nor for the harmful consequences that the same may produce in the User's computer systems. The User fully accepts the above and undertakes the obligation to proceed with the utmost diligence and prudence when accessing and operating the Website.
The User underscores that any activities conducted by him/her throughout the Website will be in accordance with the law, morals, generally accepted good customs and public order and in no case shall be harmful to the reputation and commercial image of Cox Energy. The User undertakes to the proper and diligent use of this Website, and refrain from operating it for purposes or effects that are unlawful or prohibited by these terms and conditions.
The User agrees:
Limitation of Liability
Cox Energy disclaims all statements or warranties of any kind, whether express or implied, as to the operation of the Website or the information, content, software, materials, or products included therein to the extent permitted by applicable law.
The Company is also released from any warranties, whether express or implied, including, but not limited to, implied warranties of fitness for a particular purpose.
Cox Energy disclaims all liabilities for any damages or injury of any kind arising from the use of this Website, including but not limited to direct and indirect damages.
The Company is not responsible for any possible security errors or deficiencies that may occur due to the use, by the User, of a non-updated, or insecure version of a browser, as well as for the activation of User data saving devices included in the browser, or for any damage, errors or inaccuracies that may arise from the malfunctioning of the browser.
Cox Energy undertakes no warranties of any kind, either express or implied, regarding the information that is transmitted, distributed, published, or stored on the Site or the use given by its Users, Cox Energy’s employees or third parties.
Likewise, the Company will not be liable in any relation to the incapacity of any User or the impersonation of a third party by a User.
The User will be liable for damages of whatsoever nature that Cox Energy may suffer as a direct or indirect result of User's failure to comply with present terms and conditions.
All of the Website contents (including, but not limited to, databases, images and photographs, patents, utility and industrial models, drawings, graphics, text, audio and video files, and software) are property of Cox Energy or content providers, having been, in the latter case, licensed or assigned by the Company, and are protected by Mexican industrial and intellectual property law or international intellectual and industrial property standards.
The compilation of all content on the Site is exclusive property of Cox Energy and is protected by national and international copyright laws.
All software used in the design of visual interfaces, navigation and use and development of the Site is property of the Company or its software suppliers and is protected by national and international industrial and intellectual property laws.
Cox Energy's trademarks, brand names, trade dress or logos appearing on the Site are owned by the Company and are either duly registered or in the process of being registered.
The names of other products and companies appearing herein or on the Website may be trademarks or other registered trademarks of their respective, legitimate owners.
All texts, graphics, video or audio media are property of Cox Energy, or its content providers, and may not be further modified, copied, altered, transformed, reproduced, adapted or translated by the User or third parties without the express permission of the owners of such content.
The place at disposal to Users of the use of databases, drawings, graphics, images and photographs, text, audio and video files, and software owned by Cox Energy, or its suppliers, featured on the Website, does not, in any way, imply the transfer of ownership or the granting of a right of exploitation in favor of the User, other than the right of use that involves legitimate use and in accordance with the characteristics of the Website.
Any use of the contents of the Site and, overall, of all rights mentioned in the paragraphs above without the authorization of Cox Energy is strictly prohibited, including its exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, exhibition, public communication or representation in whole or in part. Should this occur, it will constitute an infringement of Cox Energy's intellectual property rights, punishable by law.
Suspension of Access to the Website
The Company reserves the right to modify the data transfer capabilities, monitoring tools or other technical means used to access or operate the Website.
Cox Energy may temporarily or permanently suspend the Site, without any compensation to the User, in any of the following circumstances:
Nullity and Ineffectiveness of the Clauses
Should any Clause of these terms and conditions were to be declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only such provision or the part of it that is null or ineffective. In all other respects, the rest of the terms and conditions will subsist and the provision or part of it that is affected will be excluded, unless, it is considered essential to these terms and conditions, then it would affect them comprehensively.