The name “Peñoles” and the design of the “PP” on a white and red background, as well as the combination of the name and the design, are registered trademarks of Industrias Peñoles, S.A.B. de C.V., hereinafter “PEÑOLES®”, and the use thereof is prohibited for any reason without the written authorization of the holder of such trademarks. The unauthorized use of the trademarks owned by Industrias Peñoles, S.A.B de C.V. is punishable under applicable laws and regulations.
These general terms and conditions (hereinafter the “General Conditions”) govern the use of the Service provided by the “CORPORATE INFORMATION CHANNEL” (hereinafter the “Service”) that INDUSTRIAS PEÑOLES, S.A.B. de C.V. ("PEÑOLES®") makes freely available to Internet users on its website http://www.penoles.com.mx (hereinafter the “Website”).
Accessing, opening and/or the simple use of the Website by the user of the Service (hereinafter the “User” or “Users”) shall be deemed to constitute the agreement, acceptance, recognition and express consent of these General Conditions without any limitation thereon. Please do not use the Website if you do not agree to these General Conditions. PEÑOLES® reserves the right in its own discretion to change, modify, add or remove portions of these General Conditions at any time without prior notice.
These General Conditions are intended to regulate the Service offered by PENOLES® and the utilization of the Services by Users. PENOLES® reserves the unilateral right to modify the provision and configuration of the Service as well as the required conditions for the use of the Service at any time without prior notice.
The Service contemplates, among other things, the following information made available without charge to Users:
a) The dissemination of information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material of an economic and financial nature provided (i) by PENOLES®, (ii) by PENOLES® on the basis of information furnished by third-party suppliers, (iii) directly by third-party suppliers of services and contents, and/or (iv) by Users themselves (hereinafter the “Contents”).
b) The dissemination of information about the strategic businesses and products of PENOLES® and/or its principal Subsidiaries and Affiliates.
c) The Financial Information Service (hereinafter “Investor Relations”) through which Users are informed, among other things, about the value of the shares of PENOLES® listed on the Mexican Stock Exchange®, the different financial results presented in its Annual Reports, dates of events with investors and/or market and financial analysts, bulletins or notices published, financial and market reports presented quarterly to shareholders and to entities that regulate the market and the directory of contacts to supplement and obtain information.
4.1 Free nature of Service and registration to use the Service
The provision of the Service by PENOLES® is free for Users who are not required to subscribe or register prior to use. In the case of Investor Relations and/or requests for information concerning the products of Subsidiaries and Affiliates of PENOLES® for potential purchase by Users, however, this may be required.
4.2 Obligation to use the Service correctly
The User agrees to utilize the Service in conformity with the law, these General Conditions and in accordance with good moral standards and customs and public policy. The User shall be obligated to refrain from using the Service for illicit ends or purposes contrary to those established by these General Conditions that might be injurious to the rights and interests of third parties or that in any manner could result in damage, impairment of use, overburdening or deterioration of the Service or impede the normal use and enjoyment of the Service by Users.
4.3 Appropriation of Contents
The User shall abstain from obtaining or attempting to obtain the Contents by employing means or procedures other than those, as the case may be, that have been made available for this purpose or that indicate in the pages of the Website where Contents may be found or, in general, by employing means customarily available on the Internet for this purpose, provided that they do not import any risk of damage or impairment of usability of the Service or the Contents.
4.4 Correct use of Contents
The User is obligated to use the Contents in a diligent, correct and lawful manner and, in particular, the User agrees not to (a) utilize the Contents in any manner for purposes or causes contrary to law, good moral conduct and behavior or public policy; (b) reproduce or copy, distribute, permit public access through any public means of communication, transform or modify the Contents without the authorization of the holder of the corresponding rights thereto or the legally permitted use thereof; (c) annul, evade or manipulate copyrights and other identifying data pertaining to the rights of PEÑOLES® or of third parties incorporated into the Contents as well as the technical protective mechanisms, digital fingerprints or any other information mechanisms that the Contents might contain; (d) employ the Contents and, in particular, information of any kind obtained by means of the Service to dispatch advertising or communications for the purpose of direct sale or any other type of commercial purpose, unsolicited messages directed to a plurality of people independent of the objective, as well as to abstain from marketing or disseminating any such information.
4.5 Liability for damages and losses
The User shall be liable for any damages and losses of any nature that PEÑOLES® and/or its Subsidiaries and Affiliates might suffer, directly or indirectly, as a consequence of a failure to comply with any of the obligations derived from the General Conditions or the law in relation to the utilization of the Service. The User expressly releases PEÑOLES® and/or its Subsidiaries and Affiliates, shareholders, employees and representatives of any and all liability derived from the use of the Website or the information contained therein.
PEÑOLES® utilizes cookies when the User navigates the websites and web pages corresponding to the Service. The cookies are associated with an anonymous User and his/her computer and do not provide any references that would enable the first and last names of the User to be identified. The cookies utilized by PEÑOLES® do not read data on the hard disk or read the cookie files created by other providers. The use of cookie technology enables PEÑOLES® to recognize registered Users after they have been registered for the first time so that they do not have to register on each visit to access the areas and services reserved exclusively to them. The User has the ability to configure his/her browser with a screen warning upon the receipt of cookies and to prevent their installation on the hard disk. Please see the instructions and manuals of your browser for further information. To utilize the Service, it is not necessary for the User to permit the installation of the cookies sent by PEÑOLES® and in such case it will be necessary for the User to register each time he/she accesses the Service.
The User expressly acknowledges and voluntarily agrees that the use of the Service and the Contents is the exclusive responsibility of the User in all cases.
7.1. Exclusion of warranties and liability for the functioning of the Service
7.1.1. Availability, continuity, utility and fallibility
PEÑOLES® does not guarantee the availability and continuity of the functioning of the Service. Whenever practicably possible, PEÑOLES® will give previous notice of interruptions in the functioning of the Service. PEÑOLES® does not guarantee the utility of the Service for any activity in particular, or its infallibility and, in particular but not exclusively, that Users can effectively access the Service, access the distinct pages of the Website when provided by the Service, that through the Website one can transmit, disseminate, store or make available the Contents to third parties, or receive, obtain or access the Contents, or execute any of the beneficial features provided in these General Conditions.
PEÑOLES® DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGE OR LOSS OF ANY NATURE INCURRED OR THAT COULD BE INCURRED BY USERS OF THE SERVICE FOR FAILURE OF AVAILABILITY OR CONTINUITY OF THE FUNCTIONING OF THE SERVICE, FOR FAILURE OF UTILITY THAT COULD BE ATTRIBUTED TO THE SERVICE, FOR FAILURES IN SERVICE AND, IN PARTICULAR BUT NOT EXCLUSIVELY, INABILITY TO ACCESS THE DISTINCT WEB PAGES OF THE SERVICE AS WELL AS FAILURES IN THE TRANSMISSION, DISSEMINATION, STORAGE OR MAKING THE CONTENTS AVAILABLE TO THIRD PARTIES, OR IN THE RECEPTION, PROCUREMENT OR ACCESS TO THE CONTENTS OR THE EXECUTION OF ANY OF THE BENEFICIAL FEATURES PROVIDED IN THESE GENERAL CONDITIONS.
7.1.2 Privacy and security in the utilization of the Service
PEÑOLES® agrees (i) not to share with third parties or market in any manner the information provided by a User as part of the process of subscribing to or registering for access to the Service through the Website, and (ii) not to divulge in individual form or statistical form in the case of a certain group of Users or all of these, information on the usage habits of Users utilizing the Website that could be obtained through the employment of cookie technology unless doing so is in compliance with requirements duly established and mandated by a competent authority.
PEÑOLES® DOES NOT GUARANTEE THE PRIVACY AND SECURITY OF UTILIZING THE SERVICE AND, IN PARTICULAR, DOES NOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES MAY OBTAIN KNOWLEDGE OF THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE THAT USERS MAKE OF THE SERVICE. PEÑOLES® DOES NOT ASSUME ANY LIABILITY WHATSOEVER FOR DAMAGES AND LOSSES THAT USERS OF THE SERVICE SUFFER OR MAY SUFFER FROM KNOWLEDGE THAT UNAUTHORIZED THIRD PARTIES MIGHT OBTAIN OF THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE THAT USERS MAKE OF THE SERVICE.
7.2. Exclusion of warranties and liability for the Contents
PEÑOLES® neither controls nor guarantees the absence of viruses nor the other elements in the Contents furnished by PEÑOLES® on the basis information supplied by third-party providers or suppliers directly from third-parties or Users including any other contents provided through the Service that could produce changes in the information technology system (software and hardware) or in the electronic documents and files stores in its information system.
PEÑOLES® DOES NOT ASSUME ANY RESPONSIBILITY FOR DAMAGE OR LOSSES CAUSED DIRECTLY OR INDIRECTLY BY THE PRESENCE OF VIRUSES OR THE PRESENCE OF OTHER INJURIOUS ELEMENTS IN THE CONTENTS PROVIDED BY PEÑOLES® ON THE BASIS OF INFORMATION PROVIDED BY THIRD-PARTY SUPPLIERS, OR PROVIDED DIRECTLY OR INDIRECTLY BY THIRD-PARTY SUPPLIERS, OR BY USERS OR IN ANY OTHER CONTENTS PROVIDED THROUGH THE SERVICE THAT COULD RESULT IN CHANGES TO THE INFORMATION SYSTEM.
PEÑOLES® does not guarantee in any manner the legality of the Contents provided by PEÑOLES® on the basis of information furnished by third-party suppliers or provided directly by third-party suppliers or by Users or any other contents provided through the Service.
PEÑOLES® DOES NOT ASSUME ANY RESPONSIBILITY FOR DAMAGES OR LOSSES OF ANY NATURE THAT COULD BE ATTRIBUTABLE TO THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEPTION, PROCUREMENT OR ACCESS OF THE CONTENT PROVIDED BY PEÑOLES® ON THE BASIS OF INFORMATION PROVIDED BY THIRD-PARTY SUPPLIERS, OR PROVIDED DIRECTLY OR INDIRECTLY BY THIRD-PARTY SUPPLIERS, OR BY USERS OR IN ANY OTHER CONTENTS PROVIDED THROUGH THE SERVICE AND, IN PARTICULAR AND NOT EXCLUSIVELY, FOR DAMAGES AND LOSSES THAT MIGHT ARISE FROM (A) FAILURE TO COMPLY WITH THE LAW AND GOOD MORAL PRACTICES THAT ARE GENERALLY ACCEPTED OR PUBLIC POLICY AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEPTION, PROCUREMENT OR ACCESS TO THE CONTENTS; (B) THE INFRACTION OF THE INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, INDUSTRIAL SECRETS, CONTRACTUAL COMMITMENTS OF ANY TYPE, ROYALTIES, PERSONAL AND FAMILY PRICES AND PERSONAL IMAGE, OF PROPERTY RIGHTS AND OF ANY OTHER NATURE PERTAINING TO A THIRD PARTY AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEPTION, PROCUREMENT OR ACCESS TO THE CONTENTS; (C) THE PERFORMANCE OF ACTS OF DISLOYAL COMPETITION AND ILLICIT ADVERTISING AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEPTION, PROCUREMENT OR ACCESS TO THE CONTENTS.
7.2.3 Truthfulness, accuracy, completeness and timeliness
PEÑOLES® does not guarantee in any manner the truthfulness, accuracy, completeness and timeliness of the Contents provided by PEÑOLES® on the basis of information furnished by third-party suppliers or provided directly by third-party suppliers or by Users or any other contents provided through the Service. Such Contents are presented on an “as is” basis and PEÑOLES® presents the Contents without any warranty of an type, express or implied, in the broadest sense permissible under applicable laws.
ACCORDINGLY, PEÑOLES® DOES NOT ASSUME ANY LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE THAT COULD BE CAUSED BY A FAILURE OF TRUTHFULNESS, ACCURACY, COMPLETENESS AND/OR TIMELINESS OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE OR RECEIVED OR PROCURED OR TO THOSE WHO MAY HAVE HAD ACCESS THROUGH THE SERVICE.
PEÑOLES® does not warrant in any manner that the Contents provided by PEÑOLES® on the basis of information furnished by third-party suppliers or provided directly by third-party suppliers or by Users or any other contents provided through the Service is useful in conducting any particular activity. Specifically, the Contents cannot be construed in any case as a recommendation to purchase or sell shares, an offer to sell or solicitation of an offer to purchase securities. We recommend that you request the services and/or counsel of a stock market intermediary for any transaction in the securities of PEÑOLES®.
PEÑOLES® DOES NOT ASSUME ANY LIABILITY FOR DAMAGES OR LOSSES OF ANY NATURE THAT COULD BE ATTRIBUTABLE TO THE INADEQUACY OF ANY TYPE OF PROPOSAL FROM THE FAILURE TO OBTAIN THE EXPECTATIONS GENERATED BY THE CONTENTS.
7.2.5. Product quality
The properties, composition and chemical analysis contained in the description of the products fabricated or produced by the Subsidiaries and Affiliates of PEÑOLES® that appear in this Website are based on the analysis and research conducted by PEÑOLES® with the sole objective or orientation of serving as a reference for consideration by customers. Nevertheless, neither PEÑOLES® nor do its Subsidiaries or Affiliates make any warranty, including but not limited to, a warranty of commerciality or suitability for a specific use or purpose because our products can be used in numerous applications and are subject to subsequent handling once delivered to our customers.
The links in this Website from and/or to other websites are the property of other persons or entities and are not under the control or supervision of PEÑOLES® so that PEÑOLES® DOES NOT ASSUME ANY RESPONSIBILITY FOR THE INFORMATION, OPINIONS, CONTENT OR QUALITY OF THE SERVICES, PRODUCTS OR OTHER INFORMATION IN SUCH WEBSITES.
This Website contains, trade names, names, designs, distinctive symbols, commercial notices, images, text, audio-visual items, photographs and drawings as well as other industrial and intellectual property rights covered by the Industrial Property Law and the Federal Copyright Law whose ownership corresponds to PEÑOLES® or, in some cases, to third parties from which PEÑOLES® has requested authorization so that the communication, transmission, utilization, production, distribution, offering, reproduction, imitation, copying, publication, alteration or modification of the Contents is prohibited either totally or partially without prejudice to the limitations established in applicable laws. PEÑOLES® does not concede any license or authorization for any type of use of its industrial and intellectual property rights or any other property or right related to the Service or the Contents.
The User shall be liable for any damage or loss that may be occasioned to PEÑOLES® or third parties by the violation of the rights stated herein independently of any penalties that might be incurred in accordance with applicable penal legislation.
PEÑOLES® reserves the right to refuse or withdraw access to the Service at any time without the need for prior notice for Users that fail to comply with these General Conditions.
In the event that any User or third party believes that any of the Contents have been included in the Website in violation of its intellectual property rights, notification should be sent to PEÑOLES® containing the following information: (a) personal data: name, address, telephone number, fax number and email address of the claimant; (b) an authentic or equivalent signature with the personal data of the holder of the intellectual property rights supposedly infringed or of the person authorization in the name thereof and for the account of the holder of the intellectual property rights supposedly infringed; (c) a precise and complete statement of the protected Contents whereby the intellectual property rights are supposedly infringed as well as the Website location; (D) an express and clear declaration that the utilization of the indicated Contents has been done without the consent of the holder of the intellectual property rights supposedly infringed; (e) an express and clear declaration under the responsibility of the claimant that the information provided in the notification is exact and that the utilization of the Contents constitutes a violation of its intellectual property rights.
These notices should be sent to the Group Legal Office of PEÑOLES® at:
Industrias Peñoles, S.A.B. de C.V
Edificio Corporativo BAL, 11° Piso
Calzada Legaria No. 549 Torre 2 Colonia 10 de abril
Delegación Miguel Hidalgo, C.P. 11250 Ciudad de México
Tel: (52) 5279-3000
The provision of the Service is in principle for an indefinite duration. Nevertheless, PEÑOLES® reserves the right and is authorized to terminate or suspend the provision of the Service at any time for any cause. When it is reasonably practicable, PEÑOLES® will provide prior notice of the termination or suspension of the provision of the Service.
In the event of any controversy related to the Service, the User expressly agrees to submit to applicable laws and competent tribunals of the United States of Mexico (Mexico).