GENERAL CONDITIONS FOR USING THE FEMSA CORPORATE INFORMATION CHANNEL
1. THESE GENERAL CONDITIONS AND THEIR ACCEPTANCE
These conditions and general terms (hereafter the “General Conditions”) regulate the use of the “CORPORATE INFORMATION CHANNEL” Service (hereinafter the “Service”) that Fomento EconÓmico Mexicano, S.A. de C.V. (hereafter “FEMSA”) makes available free of charge for all Internet users through its Website http://www.femsa.com. (hereafter the “Website”).
PLEASE READ THESE GENERAL SERVICE CONDITIONS CAREFULLY BEFORE ACCESSING THE WEBSITE. Access to the Website by the user of this Service (hereafter the “User”) implies the User’s express and unreserved consent to abide by these General Conditions. If you do not agree to these General Conditions, please do not use the FEMSA Website. FEMSA reserves the right, at its discretion, to change, modify, add or remove any part of these General Conditions at any time and without prior notice.
The use of the Service is subject to all notices, use regulations and instructions made known to the User by FEMSA, as well as to the General Conditions of Use of the Website found at the URL http://www.femsa.com./Aviso_legal/, which complete the terms of these General Conditions as long as they do not oppose them.
These General Conditions regulate the rendering of the Service by FEMSA and the use of the Service by the Users. FEMSA reserves the right to modify unilaterally, at any time and without prior notice, the rendering and configuration of the Service, as well as the conditions required for using the Service.
3. THE SERVICE
The Service consists of the following:
- Diffusion of information, graphics, drawings, sound and /or image files, photographs, recordings, software and, in general, any kind of economic and financial material supplied (i) by FEMSA on the basis of information provided by third-party suppliers, (ii) directly by third-party suppliers of services and content, and/or (iii) by the Users themselves (all of which is hereafter the “Content”).
- Specialized informative services on FEMSA’s Strategic Businesses: FEMSA Empaque, S.A. de C.V., FEMSA Logística, S.A. de C.V., FEMSA Comercio, S.A. de C.V., Coca-Cola FEMSA, S.A. de C.V., and FEMSA Cerveza, S.A. de C.V. (henceforth and collectively the “Subsidiaries”).
- “Financial Information” Services (henceforth “Investor Relations”) through which the Users are informed of the FEMSA share value as quoted on the New York Stock Exchange, the different financial results presented in the company’s Annual Reports, dates of events for investors, bulletins issued or notices published, financial and stock-market reports presented quarterly to the stockholders and to market regulating organizations, and a contact directory through which to complement or obtain information.
4. CONDITIONS FOR ACCESS TO, AND USE OF, THE SERVICE
4.1 Free Service and Registration for the Use of the Service
FEMSA provides the Service free of charge for the Users. No prior User Subscription or Registration is required, except in the case of Investor Relations, Curriculum Registration, and Journalist Registration, and a basic registration required for accessing the Photographic and Logotype Archives.
4.2 Obligation to make proper use of the Service
The User is bound to use the Service in accordance with the Law, these General Conditions, and according to ethical standards, generally accepted morality, and public policy. The User is bound to abstain from using the Service for illicit purposes, contrary to the dispositions established herein, or in any way that might adversely affect the rights and interests of third parties or that might in any way harm, render useless, overload or deteriorate the Service, or prevent the Users from the normal use or enjoyment of the same.
4.3 Obtaining the Content
The User must abstain from obtaining, or even trying to obtain, the Content by means or procedures other than those, as the case may be, made available to him or her for this purpose or those indicated for this purpose on the Website pages where the Content can be found or, in general, those normally used on the Internet for this purpose, as long as they do not pose a risk of damage or of being rendered useless to the Service or the Content.
4.4 Correct use of the Content
The User is bound to use the Content in a diligent, correct and licit manner and, above all, the User undertakes to abstain from (a) using the Content in a manner, or for purposes or ends, that are unlawful, immoral or contrary to law and order; (b) reproducing or copying, distributing, allowing public access to through any mode of public communication, transforming or modifying the Content, unless the User has the express permission of the holder of the corresponding rights or is legally permitted to do so; (c) abrogating, circumventing or manipulating the copyright or any other source that identifies the rights of FEMSA or third parties in relation to the Content, or the technical protection devices, fingerprints or any other information mechanism that the Content might contain; (d) employing the Content and, in particular, any kind of information obtained through the Service, to send publicity, communications with the purpose of direct sales or any other commercial end, or unsolicited messages to other people irrespective of its purpose, or marketing or divulging such information in any way.
4.5 Responsibility for Damages
The User will be liable for any damages that FEMSA or its Subsidiaries might suffer, either directly or indirectly, as a result of the failure to comply with any of the obligations derived from the General Conditions or the Law with regard to the use of the Service.
5. USE OF “COOKIE” TECHNOLOGY
FEMSA uses “cookies” when a User is surfing the sites and Web pages corresponding to the Service. These cookies are only associated with an anonymous User and that User’s computer, so no references are provided that might make it possible to deduce the User’s first and last names. FEMSA’s cookies cannot read data from a Users hard disk or the cookies created by other suppliers. The use of cookie technology allows FEMSA to recognized registered Users after they have registered initially, so that they do not have to register every time they access the areas and services reserved exclusively for them. The User may configure the navigator so that he or she receives a notice on the screen about the reception of cookies and to prevent cookies from being installed on the hard disk. Please consult your browser instructions and manuals for further information. The User does not have to permit the installation of cookies sent by FEMSA in order to use the Service, although in such case the User will have to register every time he or she accesses the Service.
6. USE OF THE SERVICE AND CONTENT IS THE SOLE RESPONSIBILITY OF THE USER
The User expressly recognizes and voluntarily accepts that the use of the Service and Content is his or her sole and exclusive responsibility.
7. EXCLUSION FROM GUARANTEES AND RESPONSIBILITY
7.1 Exclusion from guarantees and responsibility for the operation of the Service
7.1.1 Availability, continuity, usefulness and fallibility
FEMSA does not guarantee the availability and continuity of the Service’s operation. Whenever possible, and within reason, FEMSA will notify Users beforehand of any interruptions in the working of the Service. FEMSA does not guarantee the use of the Service for performing any activity in particular, or its infallibility, nor in particular, though not exclusively, that the Users will be able to effectively access the Service, access the different Website pages from which the Service is lent, or that through this they may transmit, diffuse, store or make available the Content to third parties, or receive, obtain or access the Content, or perform any of the capabilities provided for in these General Conditions. FEMSA IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE LACK OF AVAILABILITY, OR CONTINUITY IN THE FUNCTIONING, OF THE SERVICE; ANY LACK OF USEFULNESS THAT USERS MIGHT ATTRIBUTE TO FAILURES IN THE SERVICE; SERVICE FAILURES; OR IN PARTICULAR, THOUGH BY NO MEANS EXCLUSIVELY, ANY FAILURES IN ACCESS TO THE DIFFERENT WEB PAGES OF THE SERVICE, IN TRANSMISSION, DIFFUSION, STORAGE OR AVAILABILITY TO THIRD PARTIES OF THE CONTENT, IN THE RECEPTION, OBTAINING OR ACCESS TO THE CONTENT, OR IN THE EXECUTION OF ANY OF THE CAPABILITIES ESTABLISHED IN THESE GENERAL CONDITIONS.
7.1.2 Privacy and security in the use of the Service
FEMSA does not guarantee privacy or security in the use of the Service and, in particular, it does not guarantee that unauthorized third parties will not know about the type, conditions, characteristics, and circumstances of the use made by the Users of the Service. FEMSA IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE KNOWLEDGE THAT UNAUTHORIZED THIRD PARTIES MIGHT HAVE OF THE TYPE, CONDITIONS, CHARACTERISTICS, AND CIRCUMSTANCES OF THE USE MADE BY THE USERS OF THE SERVICE.
7.2 Exclusion from guarantees and responsibility for the Content
FEMSA does not control or guarantee the presence or absence of viruses or other elements of the Content supplied by FEMSA on the basis of information provided by third-party suppliers or directly by third-party suppliers or the Users, or any other content furnished through the Service that might result in alterations to the Users’ computer system (software and hardware) or to the electronic documents or folders stored in their computer system. FEMSA IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY FROM THE PRESENCE OF VIRUSES OR THE PRESENCE OF OTHER HARMFUL ELEMENTS IN THE CONTENT SUPPLIED BY FEMSA ON THE BASIS OF INFORMATION PROVIDED BY THIRD-PARTY SUPPLIERS OR DIRECTLY BY THIRD-PARTY SUPPLIERS OR THE USERS, OR ANY OTHER CONTENT FURNISHED THROUGH THE SERVICE THAT MIGHT RESULT IN ALTERATIONS TO THE USERS’ COMPUTER SYSTEMS (SOFTWARE Y HARDWARE) OR TO THE ELECTRONIC DOCUMENTS OR FOLDERS STORED IN THEIR COMPUTER SYSTEM.
FEMSA does not guarantee in any way the legality of the Content supplied by FEMSA on the basis of information provided by third-party suppliers or directly by third-party suppliers or the Users, or any other content furnished through the Service. FEMSA IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE TRANSMISSION, DIFFUSION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE CONTENT SUPPLIED BY FEMSA ON THE BASIS OF INFORMATION PROVIDED BY THIRD-PARTY SUPPLIERS OR DIRECTLY BY THIRD-PARTY SUPPLIERS OR THE USERS, OR ANY OTHER CONTENT FURNISHED THROUGH THE SERVICE, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGES THAT MIGHT ARISE FROM (A) NON-FULFILLMENT OF THE LAW, ETHICAL STANDARDS AND GENERALLY ACCEPTED MORALITY OR LAW AND ORDER AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE CONTENT; (B) ANY BREACH OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, OF INDUSTRIAL SECRETS, OF CONTRACTUAL COMMITMENTS OF ANY KIND, OF RIGHTS TO PERSONAL HONOR, TO PERSONAL AND FAMILY PRIVACY AND TO PEOPLE’S IMAGE, OF THE RIGHT OF OWNERSHIP, OR OF ANY OTHER RIGHTS BELONGING TO A THIRD PARTY AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE CONTENT; (C) THE PERFORMING OF ACTS OF UNFAIR COMPETITION AND ILLICIT PUBLICITY AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE CONTENT.
7.2.3 Veracity, accuracy, exhaustiveness and topicality
FEMSA does not guarantee in any way the veracity, accuracy, exhaustiveness and topicality of the Content supplied by FEMSA on the basis of information provided by third-party suppliers or directly by third-party suppliers or the Users, or any other content furnished through the Service. Said Content is presented “as is,” and FEMSA, in the broadest possible sense permitted by the applicable laws, presents it without any kind of express or illicit guarantee. THEREFORE, FEMSA IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE LACK OF VERACITY, ACCURACY, EXHAUSTIVENESS AND/OR TOPICALITY OF THE CONTENT THAT IS TRANSMITTED, DIFFUSED, STORED, MADE AVAILABLE, RECEIVED OR OBTAINED, OR THAT HAS BEEN ACCESSED, THROUGH THE SERVICE.
FEMSA does not guarantee in any way that the Content supplied by FEMSA on the basis of information provided by third-party suppliers or directly by third-party suppliers or the Users, or any other content furnished through the Service will be useful for performing any kind of activity in particular. Above all, the Content must not be considered under any circumstances as a recommendation for purchasing or selling securities, as an offer to sell, or as a request for an offer to purchase, securities. FEMSA IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE UNSUITABILITY FOR ANY KIND OF PURPOSE OF, OR FOR NOT OBTAINING THE EXPECTATIONS GENERATED BY, THE CONTENT.
8. NO LICENSE
FEMSA does not license or authorize any type of use of its industrial or intellectual property rights, or any other kind of ownership or right, related to the Service or the Content.
9. REFUSAL AND WITHDRAWAL OF ACCESS TO THE WEBSITE AND/OR THE SERVICE
FEMSA reserves the right to refuse or withdraw access to the Service at any moment and without prior notice to those Users who do not abide by these General Conditions.
10. PROCEDURE IN CASE OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If any User or third party considers that any part of the Content that has been included in the Website infringes on their intellectual property rights, they should notify FEMSA and include the following information: (a) personal information: name, address, telephone number and e-mail address of the claimant; (b) authenticated signature or equivalent, with the personal information of the holder of the supposedly infringed intellectual property rights or of the person authorized to act in the name and on behalf of the holder of the supposedly infringed intellectual property rights; (c) precise and complete indication of the Content protected by the supposedly infringed intellectual property rights, as well as its location on the Website; (d) an express, clear declaration that the indicated Content has been used without the consent of the holder of the supposedly infringed intellectual property rights; and (e) an express, clear declaration under the responsibility of the claimant that the information supplied in the notification is precise and that the use of the Content constitutes an infringement of the claimant’s intellectual property rights. Such notifications must be sent to the Director of the FEMSA Corporate Communication Department at the following address: Fomento Económico Mexicano, S.A. de C.V., General Anaya 601 Poniente, Col. Bella Vista, C.P. 64410, Monterrey, N.L., Mexico Tel: (52) (81) 8328 6000 (52) (81) 8328 6278
11. DURATION AND TERMINATION
In principle, the Service is lent for an indefinite period of time. Nevertheless, FEMSA is authorized to terminate or suspend the lending of the Service at any time and for any reason. Whenever reasonably possible, FEMSA will inform the Users beforehand of the termination or suspension of the lending of the Service.
In the case of any controversy related to the Service, the User expressly agrees to abide by the applicable laws of the United States of Mexico (“Mexico”), and the User expressly agrees to abide by the exclusive jurisdiction of the competent tribunals located in Monterrey, Nuevo León, Mexico to solve any controversy related to the Service.
Please send any suggestions or proposals by e-mail to email@example.com.