Introduction:

This User Agreement, BRANDSOFMEXICO.COM ("Brands of Mexico") Privacy Policy, and all policies posted on this website set out the terms and conditions on which Brands of Mexico, offers you access and use of our websites, services, applications and tools (collectively called, "Services"). All of Brands Mexico's policies and Privacy Policy are included in this User Agreement. When you access and use our services, you agree to comply with all the aforementioned and later described terms. The entity you are contracting with is Brands of Mexico, is a company legally constituted in accordance with the laws of the United Mexican States, as is recorded in the public deed number 34,721 dated on August 18, 2018, granted before Mr. Juan José A. Barragán Abascal, Notary Public number 171 of Mexico City, which is duly registered in the Public Registry of Property and Commerce of Mexico City, parent company and creator of www.brandsofmexico.com if you reside in Mexico, the United States or any other country in the world. This User Agreement comes into effect when accessing and using our services through the registration of a Brands of Mexico account, or any other electronic means. Please be aware that this User Agreement contains terms and provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate") Unless you opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. You represent and warrant that: (a) you are eligible to register and use the Services and you have the right, power and capability to enter and act under this Agreement and you grant the rights, licenses and authorizations under this Agreement, (b) that the name you provided at the time you registered is your name or business name you sell products and services with, (c) you will use the Services only to conduct business in your own account and not in the name of any other person or entity, (d) you will comply with all your obligations to each user and Brands of Mexico, during every transaction and resolve any dispute or consumer complaint directly with the buyer and / or us, (e) you and all transactions initiated by you will comply with any law which apply, and (f) you will not use the Services, directly or indirectly, for any fraudulent or illegal matter, or to interfere in any way with the use of the Services. About Brands of Mexico. Brands of Mexico, is an e-commerce platform that allows Mexican brand owner users to offer and sell their products and services, while consumer users can buy in a variety of pricing formats and locations. Being a digital market (marketplace), Brands of Mexico, does not own or sell most of the products listed on the website, therefore, the actual contract for sale is directly between seller and buyer. Brands of Mexico, is not a traditional digital market. Although we provide pricing, shipping costs and other guidance in our Services, such guidance is merely informational and you may decide to follow it or not. Also, while we may help to facilitate the resolution of disputes, Brands of Mexico has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listed products; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. Use of Brands of Mexico. When using or accessing the Services you are not allowed to: post, send us, list or upload content or items in inappropriate categories or areas of our websites; violation or avoiding any laws, third-party rights or our own systems, policies, or determinations of your account status, use our Services, if you are not legally allowed to form binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; not to pay for items purchased by you unless the seller has changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller; fail to deliver items sold by you through our services, unless the buyer fails to comply with the published terms or you cannot contact the buyer; manipulate the price of any item or interfere with any other user's listings; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; take any action that may undermine the ratings system, feedback or comments; transfer your Brands of Mexico account (including Feedback) and user ID to another party without our approval; distribute or post any kind of spam, or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Brand of Mexico Services or the interests or property of users of Brand of Mexico; use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, ignore our robot exclusion warnings, interfere with the work and operation of our Services, or impose an unreasonable and disproportionate burden on our infrastructure; export or re-export any application or tool from Brands of Mexico, except with the prior express permission of Brands of Mexico, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; copy, modify or distribute rights or content of our Services or the copyrights and trademarks owned by Brands of Mexico; reproducing, copying, reverse engineering, modifying, creating derivate works or products, distributing, or publicly displaying any content (except for your own information) of our sites, Services, applications or tools without written permission previously expressed by Brands of Mexico, and the appropriate third parties, as applicable; conduct business with any information, application or software of Brands of Mexico, or any associated with them; or collect or save information from and / or about users, including email addresses, without the consent of mentioned users. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long period of time or to modify or discontinue them our Services. Abuse of Brands of Mexico. Without excluding other possible solutions, we may limit, suspend or conclude our Services and user accounts, we can also restrict or prohibit access and operation of our Services, delay or remove any content hosted on our websites, remove any associated special status related with the account, we can reduce or eliminate any account, and we can take technical or legal action to prevent you from using our Services if: we believe that you are causing troubles or a possible legal risk; we believe that such restrictions will improve the safety of the Brands of Mexico community or reduce our exposure to legal risks or to any other Brands of Mexico user, we believe that you are infringing any rights of any third parties; we believe that you are not acting according with the letter, text or meaning of this User Agreement and / or our policies; Despite our reasonable efforts, we cannot verify or authenticate every information provided to us by you; you fail to pay us all due fees for our Services at the stipulated date. When a problem arises with a buyer or seller we could consider user's performance history and the specific circumstances to apply our policies. We can decide to be more flexible with the compliance of our policies and do what is right for both buyers and sellers. Privacy Policies and Confidentiality Limits about the use of information by our users. Related with the Services, you agree not to ask or require to any other user to provide any credit card, bank account, or other information related to any payment method. Just to facilitate transactions between our users, you may have access to certain personal information, including without limitation to names of clients or recipients, email addresses, telephone numbers, shipping addresses or other personally identifiable user information (collectively called, "Personal Information"). You will not make or cause your affiliates to do, directly or indirectly, the following: (a) use any Personal Information in any way inconsistent or not according with your privacy policy our applicable law; (b) contact a person who has ordered your products or services to influence him to use an alternative service and / or an alternative payment method for a transaction that has been submitted through our Services, (c) disparage us, our Affiliates, our third parties or any of their or our respective products or services, (d) use any Personal Information for any action related to any telemarketing campaign (or similar), or (e) conduct directed communications of any kind to any user of our Services or our client or our Affiliates. In accordance with the foregoing, you may disclose and use Personal Information as necessary to complete the transaction, to provide customer service as well as for marketing purposes, as long as you post and keep a privacy policy stating the correct handling and use of the Personal Information that complies with applicable laws and that provides customers with the opportunity to opt or opt out (as required by applicable law) to receive any marketing related contact (whether by you or any third party in addition to us and our Affiliates) . You may disclose Personal Information to third parties only if you do not identify any user (or group of users) as users of our Services or our client or our Affiliates and that you ensure that each recipient uses the information exclusively for the purposes for which it was disclosed and making sure to comply with the restrictions that apply related to said information (including but not limited to those that are under this Agreement and its privacy policy). You are liable to us for any misuse or failure to comply with such restrictions by that recipient. This terms do not prevent you from using independently collected information from the Services or information you acquire without a reference to Personal Information for any purpose, even if such information is identical to Personal Information; Having said that, you cannot establish direct communication to an intended recipient which is a user of our Service or our client or our Affiliates. Use of information. We share customer information only as described below and only with our subsidiaries, partners, third parties, or parent company of Brands of Mexico, which are subject to this Privacy Policy or which follow practices similar to those described in this Privacy Policy and in compliance with the Federal Law of Protection of Personal Data Held by Individuals (the "LFPDPPP"). The information we collect is provided by users using our Services. All information shared with us through our platforms is protected by the LFPDPPP. We work closely with third parties and affiliated enterprises. In some cases, they sell their products in our Services. In some cases, we operate stores, provide services, or sell product lines in conjunction with these companies. When a third party is interested in conducting business with them, we share customer information related to those transactions with those third parties. We employ other companies and individuals to perform functions. Examples of these function could be: complete orders, package delivery, sending postal mail and emails, removing repetitive information from descriptions from both brands and products and / or lists, data analysis, providing marketing assistance, providing results of Searches and links (including payment list and their links), processing credit card payments, and providing customer service. They have access to personal information that is needed to perform their functions, but they are not allowed to use it for other purposes. Promotional Offers. Sometimes, on behalf of other companies, we send special deals to a specific group of customers of Brands of Mexico. When we do this, we share your name and address with that specific company. If you do not wish to receive such special deals, please choose not to use our Services. Business Transfers. As we continue to develop our business, we can sell or buy stores, subsidiaries or business Units. During these business transactions, client's information is one of the business assets that are transferred, but they remain subject to the commitment made in any previous Privacy Policy (at least, of course, that the client agrees otherwise). In addition, in case of the unlikely event that Brands of Mexico, or all of its assets are acquired, client's information, clearly, would be one of the transferred assets. Protection of Brands of Mexico, and Others. We transfer the account and other personal information when we believe that transferring it is appropriate to comply with the law; enforce or apply to our Terms of Use and other agreements; or protect the rights, property or safety of Brands of Mexico, its users or others. This includes exchanging information with other companies and organizations with the objective of fraud protection, credit risk reduction, commercial and marketing purposes of our service. If you do not want to receive emails from our partners, third parties and / or us, please choose not to receive our newsletters. If you do not want to receive Terms of Use and other legal notices from us, such as this Privacy Policy, those notices will still prevail for your use of Brands of Mexico, and it is your responsibility to review them for any possible changes. If you do not want us to use your personal information which we collect to allow third parties to personalize your advertising, please do not provide such information. When you submit your personally information in our Services, you are expressing your consent for save, use and disclosure of your personal information as set forth in this Privacy Policy. If you would prefer that we do not collect any personal information from you, please do not provide us with such information. The information you provide may be used to create and deliver our newsletters, catalogs or surveys, or other messages containing product information, promotions or information about your order. We may use the provided information attached for internal business purposes, such as generating statistics and developing marketing plans. We may disclose any information, including personal information that we deem necessary in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. In addition, we may exchange information, including personal information, with other companies and organizations for credit fraud protection, risk reduction and commercial marketing purposes of our service. Example: We can employ other companies and individuals to perform functions on our behalf. Examples include, but are not limited to, data analysis firms, customer service specialists, as well as marketing plans and order fulfillment companies. Before mentioned third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use said information for other purposes. This service may contain links to or from other websites. Please be well aware that we are not responsible for the privacy policies of other websites. This Privacy Policy applies only to the information we collect in these Services. We encourage you to read other websites privacy policies linked from our Services or, on the other hand, visit their websites. We may review this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the new policy here. Being allowed to make changes to this policy at any time without prior notification, we suggest you periodically consult this Privacy Policy. Please note that our right to use your personally identifiable information will be based on the privacy policy in effect at the time of collecting the information. Confidential information. You may receive information related our Affiliates, Third Parties or our Services that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain our exclusive property, (b) you will use the Confidential Information only as reasonably necessary for your participation in our Services and (c) you will not disclose Confidential Information to any other person. Subscription Rates for Brands of Mexico. Uploading your products and being assisted to create and generate content is free of charge. However, a minimum fee of 30% of the product´s listed will be applied to each transaction between the buyer and seller. If the transaction is canceled or revoked for any reason, Brands of Mexico, is not required to reimburse this commission or fee. We may change our rates from time to time by posting the changes on the Brands of Mexico website 10 days in advance, but with no advance notice required for temporary promotions. Our surprise boxes´ monthly subscribers will have their monthly fee automatically deducted from the payment information provided, each month until the subscription is canceled by the consumer. The cancellation must be made 15 days before the date we are supposed to deduce the amount from the payment information. You must have a registered payment method when you sell at Brands of Mexico, and you must pay all applicable fees and taxes associated with our Services by the payment deadline. If the registered payment method fails or your account is in debt, we can collect fees owed using other collection methods. (This includes charging with other payment methods, as well as withholding or employing collection agencies and / or legal advice). Brands of Mexico, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information that Brands of Mexico, reported to a credit bureau (ex: Experian, Equifax or TransUnion), please contact us (by mail) to Brands of Mexico, Creata Co-Work. If you wish to dispute the information that a collection agency reported to a credit bureau about your Brands of Mexico account, you must contact the collection agency directly. Listing Conditions.- When listing an item, you agree to comply with Brands of Mexico s´ Listing and Selling policies. The seller, hereby accepts that, is responsible for the accuracy and content of the listing and item offered. Your listing may not be immediately searchable by keyword or category for several days, Brands of Mexico can't guarantee exact listing durations. We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: buyer's location, search query, browsing site, and history; item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; or seller's history and feedback, including number of listing matching with buyer´s query. In conclusion, in order to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. Some advanced listing upgrades will only be visible on certain Services. Purchase Conditions. - When buying an item, you agree to the client’s rules and condition and that: You are the only one responsible for reading the full item description before making a bid or commitment to buy. That you enter into a legally binding contract to purchase an item when you commit to it. We do not transfer legal ownership of items from the seller to the buyer. International Buying and Selling. - Many of our services are available for international buyers. In our website, we can offer certain programs, tools and experiences of particular interest to international buyers, such as tools for calculating international shipments. Sellers are responsible for complying with all laws and regulations that apply to the international sale, purchase and shipment of items. We will show your listed items on the Brands of Mexico website, where you listed your item for sale, including those situations in which international shipping is required. We may translate listed articles and other user content and / or Brands of Mexico, to assist users who speak different languages. If you are a buyer, we could also provide you access to tools where you can request a translation of certain content on our websites, text such as name and / or description of a listed article or a message from a user of Brands of Mexico. The availability and accuracy of such requested translations are not guaranteed. Content. - When providing us with content or assigning us the creation of this content for your brand while using the Services of Brands of Mexico, you grant us a non-exclusive, worldwide, perpetual, irrevocable, free of rights, sub-licensable (through multiple levels) right to exercise any and all copyright, advertising, trademarks, database rights and intellectual property rights that is included with the content, in any form known now or in the future. Furthermore, to the fullest extent permitted under the applicable law, you resign to your moral rights and promise not to execute such rights against us, our sub-licenses or our assigned ones. You represent and warrant that none of the following infringes any intellectual property right: transferring this content to us, posting online this content using our Services and our use of such content (including any work related to it in relation to our services. We offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Brands of Mexico users). You may use the catalog content only in connection with the items listed in Brands of Mexico. We try to provide reliable data, but we cannot promise that catalogs will always be accurate and up to date and, by accepting this, you agree not to hold us or our catalog providers liable for inaccuracies in them. The product catalog may include copyrights, trademarks or other proprietary materials. You agree not to remove any copyright, proprietary or identification marks included within the product catalog or create any derivative work or material based on that product catalog (other than by including the product catalog in your listings). Restrictions.- You may not, and may not attempt, directly or indirectly to: (a) transfer, sub-license, lend, sell, assign, lease, rent, act as a service office, distribute or grant rights to any person or entity the Services of Brands of Mexico,, (b) remove, obscure or modify any notice of any Trademark or other intellectual property or proprietary right that appears or is contained within our Services in any of the Brands of Mexico materials, (c) modify, alter, sabotage, repair, or otherwise create jobs or "software" included in Brands of Mexico; the foregoing does not prevent you from creating related "software" designated by us as "sample code" or that, on the contrary, we make it available on the website in accordance with separate license terms which follow before mentioned "software" expressly allowing the creation of related software, or (d) apply reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to obtain the source code of any "software included in the materials or as part of the Brands of Mexico Services. All rights granted in this Agreement are conditional upon the continued compliance with this Agreement and will terminate immediately and automatically if you fail to comply with any term or condition of this Agreement. During and after the Term, you will not affirm, authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, sellers, business partners, or licensors, any patent infringement or any other another claim of infringement of intellectual property with respect to any of the Services that you have used. Suggestions. If you provide any suggested improvements to the Service offered ("Suggestion (s)") to us or our affiliates, we will own all property rights, title and interest of any Suggestions (s), even if you have designated Suggestions as confidential. We and our affiliates will have the right to use the Suggestions without restriction. You, hereby, irrevocably assign us all rights, title and interest in and to the Suggestions and agree to provide us with any assistance we may require to record, improve and maintain our rights of the Suggestions. Brands. "Brands of Mexico," Its Logo and Design and other designs, graphics, logos, page titles, button icons, scripts and service names that we provide related with the use of the Services are "Brands.", registered or not, or the commercial image of Brands of Mexico, or its Affiliates in Mexico, the US and / or other countries (collectively called as, "Trademarks"). You may use the Trademarks only as expressed here. Any other "Brand" that does not belong to us but appears on the Website related with the Services is property of their respective owners, who may or may not be affiliated with, related to, or sponsored by us. Use of Brand. Compelling the terms of this Agreement and supposing its Account is in good status, we grant a non-exclusive, non-transferable, non-assignable, non-sub licensable and revocable license for the use of the Trademarks on our website only the related with the Services and only in accordance with our "Brand" policies and other documentation of this kind that we can bring available from time to time; provided that the names of those domains and subdomains do not contain any of our Brands or any other Brand property of Brands of Mexico, or its Affiliates or any other confusingly similar Brand ("Brand License"). We may add, replace or remove Brands from time to time and you agree that you will add, replace or remove any Brand, as we reasonably request, as soon as reasonably possible. You acknowledge that we and our Affiliates are the sole owners of the Brands and you agree not to do anything that is contrary with that property. The usage of the Brands, and any other goodwill arising therefrom, will result in the sole benefit of us and our Affiliates and will not create any rights, title or interest in the Brands for you. You may not use the Brands with any other product or service than when using the Services or in any way that is likely to (a) cause confusion to the consumer, (b) reduce the value of any Brand, (c) impair our property or rights over the Trademarks or (d) disparages us or our Affiliates. You cannot alter or modify any Brand or combine any Brand with any other Brand, word, symbol, letter or design. You may not use any of our Brands or any other Brand of Brands of Mexico, or its Affiliates or any other confusingly similar Brand in the same domain or subdomain. You must use or display the Brands in a consistent manner with the level of quality historically associated with our Brands and must accept any request we reasonably ask for in order to assist in the quality monitoring of any of our products or services the Brand is use for. We have the right to monitor the use of our Brands and the right to take any action that we believe necessary to ensure that the products or services the Brands are use for, are not decreasing the value of any of the Brands. We may revoke your Trademark License at any time at our sole discretion. We and our Affiliates may use your name, logo, service name, or Trademarks as you designated only as necessary to provide the Services in accordance with our Specifications and other Policies (including without limitation with share branded websites used for processing orders). We and our Affiliates may use your name or logo on any platform to identify you as a participating seller. Representations and Additional Guarantees. You represent us and guarantee that: (a) any sales transaction submitted by you through our service will be conducted with good faith sale from your side as described on the website or Application, (b) any sales transaction submitted by You though our service and all Product Information will accurately describe the goods and / or services sold and delivered to the buyer, (c) you will accurately describe your use of Personal Information and your use of the Services in your privacy policy as clear as possible and in compliance with applicable laws, (d) except during the ordinary course of business, no business transaction submitted by you through the Services will represent a sale to any principal, director, partner or owner of your business or you as an individual and (e) you will not authorize any other party to use any Public Software in any way that requires, in accordance with the license applicable to such Public Software, that the Services or any material of Brands of Mexico, be revealed, licensed, distributed or otherwise become available to anyone. "Public Software" means any software, documentation, or other material that contains, or is derived from (as a whole or a part of it), any software, documentation or other material that is distributed as free software, open source software ( (eg, Linux) or similar licensing and distribution models, including but not limited to software, documentation or other material licensed or distributed under any of the following licensing or distribution models similar to any of the following : the GNU Lesser General Public License ("GPL"); "Lesser / Library GPL (LGPL), or the Free Documentation License; (ii) The Artistic License / "The Artistic License" (eg, "PERL"); (iii) the Mozilla Public License; (iv) the Sun Industry Standards License ("SISL"); (vii) the "BSD" License; and (vii) the Apache License. Notice of Claims of Intellectual Property Violations and Copyright Infringement. Brands of Mexico is subject to all the terms and conditions established in the Industrial Property Law and the Federal Copyright Law and the laws in force inside the Mexican territory, as well as the applicable laws in the United States of America. Electronic Notices and Consent. Mainly we will communicate with you through the email address you provided. By using and registering for our services, you accept the terms of this agreement, you will also receive electronic notices from us, affiliates and third parties (your "Consent"). You agree that we can provide you with all communications and transactions related to our Services and your Payments Account, including but without limitation to agreements related to the Services, modifications or changes to such agreements, or any Policy, disclosures, notices, transactional information, statements, policies (including, without limitation to notices about our Privacy Policy), response to complaints and other communications that we are required by law to provide (collectively called, "Communications") in electronic form. Communications may be posted on our Website or sent by email to the email address that we have in our records and all such Communications will be considered to have been sent "in writing form" and received by you at the moment to be sent to you. You are responsible for printing, saving and maintaining your own records of such Communications. You must send notices to the designated email address (es) on our Website. We reserve the right to discontinue or modify the way we provide our Communications. We can send you an advance notice of any change. Your continuous Consent is required in order to use your Payment Account. If you are willing to withdraw your Consent, you must notify us through email and telephone. You agree to receive calls, including automatic calls and / or pre-recorded message calls from Brands of Mexico, its affiliates or third parties to any of the telephone numbers (including mobile or cell phone numbers) that we have received from you as authorized and described in our Privacy Policy, including telephone numbers provided by you or that we have obtained from third parties or acquired by our own efforts. If the phone number we have obtained is a mobile phone number, you agree to receive SMS or other text messages to that number. Standard charges may apply for minute or text messages if we contact a mobile number or device. You agree that we may contact you in the way described above to the telephone numbers we have in our files designated for these purposes: • To contact you for reasons related to your account or to the use of our Services (such as collecting a debt, resolving a claim or to enforce our User Agreement) or as authorized by applicable law. • To contact you for marketing, promotional or other reasons you have previously accepted for or may be asked to accept for in the future. If you do not wish to receive these communications, you may choose not to receive them by notifying us and not using the service. We may share your telephone number (s) with our service providers (such as billing or collecting debt companies) who we have hired to assist us in exercising our rights or performing our obligations under the User Agreement, our policies or any other agreement. that we can have with you. These service providers may also contact you using phone calls, normal, automatic or pre-recorded messages and / or SMS or other forms of text messages, only for purposes authorized by us and that we have identified above and not for their own purposes. We may share your telephone number with members of Brands of Mexico's corporate family, our affiliates, and / or third parties for its use as authorized under our Privacy Policy. Updating Your Information is your responsibility as well as to ensure that your email address is accurate and remains available and up-to-date. In order to ensure that we can provide you with important Communications, you must notify us of any modification in your email address, phone number or contact information so we can update them. The limits of this Consent applies your email address, telephone number and contact information that we currently have in our files. Requesting Copies on Paper Form. Communications won´t be send on paper unless you contact us and request a paper version of a particular document. We reserve the right to charge you a handling fee for any notice or physical paper document that we send you by mail upon your previous request or due to any kind of failure during the process of sending you the information via email. Requirements to access, view and retain Communications, you must have a computer with a JavaScript-enabled Internet browser which supports 128-bit encryption (such as Microsoft Internet Explorer v5 or later) and access to an active email account. You are responsible for any costs or fees associated with these requirements, including without limitation to any charge for telecommunications services. We will give you a prior notice if we make any changes related with the requirements for receiving Communications. Additional Terms. - When you sell goods or services using our Services, you will cooperate with us to comply with the 2-business-day delivery guarantee for shipping the product sold through our Services if the delivery is not being handled by the seller, as well as to resolve any complaint submitted by the seller through our Services. You will respond to our inquiries and hand out any information we request about any disputed business transaction within 2 business days from our request. If we receive a claim related to one of your transactions where the item or items were sent by the seller directly, the seller must deliver us within a period of 2 business days: (a) proof of delivery of the applicable goods, (b) ) the identification number of the applicable transaction (c) a description of the applicable goods, (d) a copy of the receipt provided to the buyer for the applicable transaction, and (e) any other information or documents that we reasonably request related to the business transaction. Customer service. Unless stated otherwise in this Agreement, sellers will be solely responsible for all customer service issues related to their goods or services, order fulfillment, order cancellations by them or the customer, returns, reimbursements and adjustments, as well as comments related to the experience with their personnel, policies or processes. When providing customer service, you will always be presented as a separate entity from us. You will be solely responsible for all customer service problems related to any Payment Account, payments, Card processing, debits or credits. Returns. If the buyer returns an item because it does not match the description posted, the seller is usually responsible for returning the shipping costs. There will be no refunds for correctly delivered orders. If the product is damaged due to its delivery, please contact us. Delivery Mistakes and Disagreements. Products withdrawn from the market. Sellers are responsible for any failure to deliver, incorrect delivery, theft or any other mistake or act in connection with the order fulfillment and delivery of their goods or services. Sellers are also responsible for any nonconformity or defect with their products, or any market withdrawal from private or public market of, any of their goods or services. Sellers will notify us immediately as soon as they become aware of any public or private market withdrawal of their goods or services. Shipping and International Shipping. We ship to the 32 states of the United Mexican States and the 50 states and territories of the United States of America. Shipping of every items sold through Brands of Mexico website, will be sent through DHL, FEDEX, United Parcel Service (UPS), or any other independent shipping company or service provider. For USPS deliveries, the cost is calculated by the USPS Application Programming Interface (USPS) by the USPS shipping calculator. For UPS shipments, the cost is calculated by the Qualifying Applications Programming Interface by the UPS shipping calculator. The shipping cost for some products is included in its price and it will be mentioned in the product description. For those products that shipment is not included in the price, the USPS or UPS shipping calculator will determine the shipping cost. In the event that the products have to be sent through a courier or national, private or independent shipping service provider, the shipping costs will be billed to the buyer, who will proceed to complete the payment for shipping costs. The order will not be sent until the shipping costs are paid by the buyer. The shipping cost is calculated based on a variety of factors, such as but not limited to dimensions, weight, packaging used, destination and prices established by USPS, UPS or any other shipping service provider used for the shipment. Brands of Mexico, and its affiliates are not responsible for any mistake or calculation mistake caused by the shipping calculator. Products shipping is Sellers´s responsibility and Brands of Mexico, will assist some sellers in the process of sending their products. Orders are packed and shipped on Monday, Wednesday and Friday afternoon. Domestic shipments (United States and its territories) will take approximately 5 to 7 business days (may be more or less) and international shipments will take approximately 3-5 weeks (may be more or less). Items purchased by international buyers through Brands of Mexico website. Buyers agree to pay all applicable shipping and import charges. Please note that international shipments may be subject to customs, taxes and duties, which will be collected once your package arrives in the destination country are the responsibility of the recipient. If an item is ineligible for international shipping and cannot be shipped to your country, you will be notified after submitting your order. In addition, the client must ensure that the product can be legally imported to the destination country before submitting his order. Customer can benefit from tracking the whole international shipment of the item from the package processing facility to final delivery. Return of Refunded Merchandise. If you receive a refund of a purchase, but you fail to return the product to the seller, we may charge you for the product according with the original order. We do not make refunds if a product or service results that does not meet your expectations or if the seller does not comply with their commitments and we have no obligation to resolve any dispute related to any business transaction. Responsibilities under the Purchaser's Dispute. If you are a buyer and you are not satisfied with any of the goods or services you have purchased using our Services, you should contact Brands of Mexico and / or the seller directly. Disclaimer of Warranties; Limitation of Liability. - We try to keep our Services safe, secure, and working properly, but we cannot guarantee the continuous operation or access to our Services. Some notification functions in the website and applications of Brands of Mexico may not occur in real time. Such function is subject to delays beyond Brands of Mexico control. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold Brand of Mexico responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: your use of or your inability to use our Services; pricing, shipping, format, or other guidance provided by Brands of Mexico; delays or interruptions in our Services; viruses or other malicious software obtained by accessing, or linking to, our Services; technical problems, errors, bugs or inaccuracies of any kind in our Services; damage to your equipment or hardware device from the use of any of the Services of Brands of Mexico; the content, actions or inactions of third parties, including items listed using our Services or the destruction of alleged fake items; a suspension or other action taken with respect to your account or breach of the Abuse section of Brands of Mexico, above; the duration or manner in which your listed items appear in the search results as set forth in the Listing Conditions section above; or your need to modify practices, content or behavior or your loss of or inability to conduct business as a result of changes to this User Agreement or our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Release. - If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, lawsuits and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. No Resignation. We will not be deemed to have resigned to any of our rights or resources, or not even a part thereof, unless the resignation is express in writing form and signed by us. Our failure to enforce the strict performance of any provision of this Agreement shall not constitute a resignation of our right to subsequently enforce such provision or any other provision of this Agreement. No Agency. - Any part in this Agreement is intended or creates any kind of joint project or employee-employer, creditor-debtor, trust, partnership, or any other type of fiduciary relationship between you, us or our Affiliates. In addition, except as expressly indicated, for the limited purpose of processing payments in accordance with Seller's Accounts: (a) no party shall be considered as an agent or representative of the other by virtue of this Agreement, (b) no party is authorized to, or will attempt to create or assume any obligation or liability, expressed or implied, on behalf of the other party, and (c) without limiting the extend of the foregoing, neither party will enter into any contract , agreement, or other commitment, will make any type of guarantee or incur in any obligation or liability on behalf of the other party. Indemnity. - You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Brand of Mexico´s Services or your breach of any law or the rights of a third party. Legal Disputes. - You and Brands of Mexico agree that any claim or dispute at law or equity that has arisen, or may arise, between us that relates in any way to or arises out of this or future versions of this Agreement and Terms of Use of Brands of Mexico, access and use of the Services, websites, applications, tools of Brands of Mexico or any other product or service sold or purchased through our Services, websites, applications, or tools, will be resolved in accordance with the provisions set forth in the Terms of Use. Please read this section carefully. It affects your rights and will have a substantial impact on how claims we could have will be resolved. Applicable Law. - You agree that the laws of the United Mexican State, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Brands of Mexico, except as otherwise stated in this User Agreement. Agreement to Arbitrate. - You and Brands of Mexico each agree that any and all disputes or claims that have arisen, or may arise, between you and Brands of Mexico that relate in any way to or arise out of this or future versions of this User Agreement, your use of or access to the Services of Brands of Mexico, or any products or services sold, offered, or purchased through the Services of Brands of Mexico shall be resolved exclusively through final binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. Arbitration Procedures. - Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. The arbitrator, and not any federal, state or local agency or court, shall have exclusive authority to resolve any dispute that has arisen from or related to the interpretation, applicability, compliance or formation of this Agreement to Arbitrate, any of its parts, or the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or the User Agreement is null or voidable. The arbitration will be conducted in accordance with the Arbitration Rules of the National Chamber of Commerce of Mexico City ("CANACO") in force at the time of the arbitration and in accordance with the applicable laws in the United Mexican States. CANACO rules are available at www.arbitrajecanaco.com.mx. Cost of Arbitration Regardless of the value of the rate reduction. the User (the agreed party) will pay all fees for the formulation, administration and arbitrator fees related with the arbitration. The arbitration will take place in Mexico City. The arbitrator shall decide the substance of all claims in accordance with the laws of the United Mexican States, including the recognized principles of equity, and will honor the claims of privilege recognized by law. The arbitrator shall not be bound by resolutions in prior arbitration involving different Users and Brands of Mexico, but in case of existing, by resolutions involving the same User of Brands of Mexico, to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In case of failure to arbitrate under agreement; petition to the competent court to order the arbitration; notice and service thereof; will incur the terms and conditions as follows: Attorneys 'Fees. In the event that the User initiates an action to enforce this Agreement, Brands of Mexico will be entitled to receive from the User all reasonable attorneys' fees and costs incurred including, but not limited to, reasonable attorneys and paralegals fees, all costs of the court and all costs and expenses of investigation and expert witnesses through and including all appeals and proceedings after trial up to a maximum of $ 10,000 USD or its equivalent in Mexican pesos. Independence. If an arbitrator or court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement will still apply. Exclusion Procedure. IF YOU ARE A NEW USER OF BRANDS OF MEXICO, YOU MAY CHOOSE TO REJECT THIS ARBITRATION AGREEMENT (EXCLUDE YOURSELF) BY SUBMITTING A NOTICE OF EXCLUSION IN WRITING FORM (NOTICE OF EXCLUSION). THE EXCLUSION NOTICE MUST BE POSTMARKED NO LATER THAN 5 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST SEND THE EXCLUSION NOTICE BY MAIL TO BRANDS OF MEXICO, TO: WeWork Varsovia 36, Oficina 901 Col. Juárez, 06600 Ciudad de México, CDMX, Mexico This procedure is the only way you can exclude yourself from the Agreement to Arbitrate. If you exclude yourself from the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply. Excluding yourself from this Agreement to Arbitrate has no effect on any other prior or future agreement to arbitrate that you may have with us. Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in the Agreement that states otherwise, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or site link provided here in) in the future, that change will not apply to any claim filed in a legal proceeding against Brands of Mexico, prior to the effective date of the amendment. Change will apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Brands of Mexico. We will notify you of the changes to this Agreement to Arbitrate by posting the amended terms on our service at least 5 days before the effective date of the changes and providing notice through the Brands of Mexico email. If you do not agree to the amended terms, you may request your account to be closed within a period of 5 days and you will not be subject to the new terms. Furthermore, if we seek to terminate the Agreement to Arbitrate as it is included in the User Agreement, such termination will not be effective until 5 days after the User Agreement version that does not contain the Agreement to Arbitrate is posted in our service and it will not be effective for any claim that has been submitted to a legal proceeding against Brands of Mexico, prior to the effective date of termination. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Brands of Mexico must be resolved exclusively by court of Mexico City for the purpose of litigating all such claims or disputes. General. if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. We may amend this User Agreement at any time by posting the amended terms on https://brandsofmexico.com/es/terms-of-use. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Unless otherwise stated in this User Agreement or elsewhere, all amended terms will automatically take effect immediately after their initial publication. Additionally, we will notify you through the Brands of Mexico email. This User Agreement may not otherwise be amended except through mutual agreement by you and a Brands of Mexico representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment. The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Brands of Mexico. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. The User Agreement, Privacy Policy of Brands of Mexico and all other policies set forth the entire understanding and agreement between you and Brands of Mexico, and supersede all prior understandings and agreements of the parties.

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