Terms and Conditions
of use

Terms and conditions of use

AGREEMENT OF ADHESION REGARDING THE WEBSITE https://www.mgps.com.mx (the "CONTRACT”), WHICH IS CELEBRATED ON THE ONE PART BY MÜGGENBURG, GORCHES AND PEÑALOSA, SC (“MGPS”) AND, ON THE OTHER PART, THE USER (as said term is defined below), BOTH PARTIES SUBJECTING TO THE PROVISIONS OF THE TEXT OF THIS AGREEMENT:

PROEM

By accessing and using this website, owned by MGPS, whose domain name is: https://www.mgps.com.mx, the User is accepting the terms and conditions contained in this Contract and expressly declares his acceptance using electronic means for this purpose, in accordance with the provisions of articles 1803 and 1834 bis of the Federal Civil Code and its correlative articles in the Civil Codes of the member states of the United Mexican States and Mexico City; 80, 81, 89 of the Commercial Code; and others that are applicable in accordance with current legislation.

In case of not fully and completely accepting the terms and conditions of this Agreement, the User must refrain from accessing, using and observing the website: https://www.mgps.com.mx.

In the event that the User continues to use the website: https://www.mgps.com.mx, said action will automatically be considered as your absolute and express acceptance of the terms and conditions set forth in this Agreement.

For the purposes of this Agreement, User shall be understood as any person who enters the website: https://www.mgps.com.mx and/or any of the subpages that display its content, as well as any person who registers and/or uses any of the services offered through the website: https://www.mgps.com.mx.

The sole use of the website: https://www.mgps.com.mx implies the full and unconditional automatic acceptance by the User of each and every one of the terms and conditions set forth in this Agreement from the moment the User accesses said website.

By virtue of the foregoing, the parties agree to the provisions of the following:

CLAUSES

1. License

1.1 By virtue of the execution of this Agreement, MGPS grants and grants the User the non-exclusive, revocable and non-transferable right to view and use the website: https://www.mgps.com.mx in accordance with the terms and conditions set forth in this Agreement.

1.2 The User may only print and/or copy any information contained or published on the website: https://www.mgps.com.mx exclusively for your personal use and in no case for your commercial use. The User is reminded that all photographs, images, artistic works, musical works, trademarks and/or catalogs of the same that appear on the website: https://www.mgps.com.mx, are duly protected by the Federal Law for the Protection of Industrial Property, the Federal Copyright Law and other applicable intellectual property legislation and are the property of their respective owners.

1.3 The reprint, publication, distribution, assignment, sublicense, sale, electronic reproduction or by any other means, partial or total, of any information, document or graphic that appears on the website: https://www.mgps.com.mx, for any purpose other than personal use for non-commercial purposes, is expressly prohibited to the User, unless with the prior written authorization of MGPS.

2. Rules of use of the website: https://www.mgps.com.mx

Regardless of the other obligations of the User derived from this Agreement, the User and MGPS agree that the use of the website: https://www.mgps.com.mx will be subject to the following:

2.1 The website: https://www.mgps.com.mx has the sole purpose of informing the general public about the legal services provided by MGPS and commenting on the legal and legislative events that take place in Mexico, therefore, no part of the content of the website: https://www.mgps.com.mx may not be construed as a legal opinion of MGPS, nor should it be construed as a position of MGPS. Similarly, it is reported that the content of this website may contain opinions that do not coincide with the criteria of the Mexican authorities, so the User may not use any part of the content of the website: https://www.mgps.com.mx to avoid compliance with any legal provision, including without limitation, evading the payment of any federal, state or municipal tax, or the imposition of a criminal, civil or administrative sanction.

2.2 The User acknowledges and accepts that the information published or contained on the website: https://www.mgps.com.mx generated by MGPS will be clearly identified in such a way that it is recognized that it originates from and has been generated by MGPS.

2.3 The information and opinions published on the website: https://www.mgps.com.mx they do not necessarily reflect the official position of MGPS. For this reason, MGPS is not responsible for any information or opinion that is issued or available on the website: https://www.mgps.com.mx. Likewise, MGPS is not responsible for the information contained in the aforementioned website, including the subpages that display its content; in the understanding that the use and monitoring of it is the User's responsibility. However, if a part of the content directly affects Users or third parties, they may request in writing to MGPS that said content be removed from the website.

2.4 MGPS reserves the right to block access or partially or totally remove any information, communication or material that in its opinion may be: (i) abusive, defamatory or obscene; (ii) fraudulent or misleading; (iii) violating industrial property rights or copyrights or any intellectual property right of a third party; (iv) offensive; or (v) that contravenes the provisions of this Agreement.

2.5 The User acknowledges that MGPS does not control or previously censor the content available on the website: https://www.mgps.com.mx. For this reason, MGPS assumes no responsibility for the content, information or material provided and/or generated by third parties. All information, opinions, statements or content expressed or made available to Users by third parties belong to their respective author and MGPS assumes no responsibility for it. Likewise, MGPS does not guarantee the accuracy, veracity and/or usefulness of any content provided or generated by such third parties.

Additionally, MGPS is not responsible for and does not guarantee the accuracy, truthfulness and/or reliability of any information, opinion or statement expressed by MGPS through the website: https://www.mgps.com.mx, and under no circumstances, MGPS will be responsible for any damage and / or harm caused by virtue of the trust that the User places in information obtained through the website: https://www.mgps.com.mx.

2.6 MGPS reserves the right to delete or modify the content of the website: https://www.mgps.com.mx that in its opinion does not comply with its standards or that could be contrary to the current legal system and, therefore, will not be responsible for any failure or delay that is generated when eliminating such content.

3. INTELLECTUAL PROPERTY

3.1 The contents, elements and information and, in general, all the material that appears on the website: https://www.mgps.com.mx are the property of MGPS or their respective owners, and are protected by the Federal Law for the Protection of Industrial Property, the Federal Law on Copyright and other applicable intellectual property legislation.

Consequently, access to these contents, elements or information does not grant the User the right of alteration, modification, exploitation, reproduction, distribution or public communication or any other right that corresponds to MGPS.

3.2 The User agrees to use the information and/or content and/or elements accessed through the website: https://www.mgps.com.mx for their own use and needs, and not to carry out in any case a direct or indirect commercial exploitation of them.

4. PRIVACY NOTICE

4.1 Through the website: https://www.mgps.com.mx, MGPS may carry out the collection of Personal Data and/or Sensitive Personal Data (as such terms are defined in the Federal Law on Protection of Personal Data Held by Private Parties) of the User, for which MGPS publishes its Privacy Notice on the website: https://www.mgps.com.mx/politica-de-privacidad/, which is recommended to consult the User in case of doubts about the treatment of their Personal Data and/or Sensitive Personal Data by MGPS.

4.2 MGPS reserves the right to make, at any time, modifications or updates to its Privacy Notice, for the attention of new legislation or jurisprudence, internal policies, new requirements for the provision or offering of its services. Any modification to it will be published on the website: https://www.mgps.com.mx/politica-de-privacidad/.

5. ADVERTISING MATERIAL

5.1 The User acknowledges and accepts that MGPS is independent from third-party sponsors and advertisers, whose information, images, advertisements and other advertising or promotional material may be published on the website: https://www.mgps.com.mx.

5.2 The user acknowledges and accepts that the advertising material is not part of the main content that is published on the website: https://www.mgps.com.mx. Likewise, the User acknowledges and accepts that the advertising material published on the website: https://www.mgps.com.mx is the property of its respective owner and is protected by the Federal Law for the Protection of Industrial Property, the Federal Law on Copyright and other applicable intellectual property legislation.

6. USER CONDUCT

6.1 MGPS seeks to maintain a friendly and safe environment for the Users of the website that is the object of this Agreement, so that the User, when using the website: https://www.mgps.com.mx You must avoid engaging in conduct that violates or undermines said friendly and safe environment, including but not limited to:

  1. Being abusive, insulting, threatening, intimidating or promoting racism, sexism, hatred or intolerance, among others;
  2. Post content that is inappropriate, defamatory, obscene, vulgar, racist, sexist, pornographic or that incites intolerance and/or hatred or that promotes activities prohibited by the Mexican legal system;
  3. Publish content that infringes the intellectual property rights of third parties, unless you have the prior authorization of the owner of said rights;
  4. Impersonate another person, including not using the username and password of other Users;
  5. Post content that includes or contains spyware (spyware), viruses, corrupted documents, worm programs or any other code intended to interrupt, damage and/or limit the operation of any software, hardware, networks, servers or other equipment;
  6. Post content that is related to spamming or spam;
  7. Delete or modify content that is published on the website: https://www.mgps.com.mx; Y
  8. Register using false Personal Data.

6.2 Notwithstanding that MGPS prohibits the behaviors listed above, the User acknowledges that they may be exposed to such behaviors by other Users, so that the use of the website: https://www.mgps.com.mx it is at your own risk, therefore you release MGPS from any type of responsibility in this regard.

7. EXCLUSION OF WARRANTIES

7.1 MGPS does not guarantee or endorse in any way the truthfulness, accuracy or any other characteristic of the content of the material that is published on the website: https://www.mgps.com.mx. MGPS does not assume, and the User expressly releases MGPS from any liability in relation to the services and information contained or available on or through the website: https://www.mgps.com.mx, including, without limitation:

  1. The availability of use of the website: https://www.mgps.com.mx due to technical problems attributable to the communication and data transmission systems; Y
  2. The absence of viruses, errors, deactivators or any other contaminating material or with destructive functions in the information or programs available on the website: https://www.mgps.com.mx, or in general any failure on the website: https://www.mgps.com.mx.

7.2 MGPS reserves the right to update the content of the website: https://www.mgps.com.mxTherefore, the User is requested to take into account that some information published or contained on or through this website may have become obsolete and/or contain inaccuracies.

7.3 MGPS does not guarantee that Users use the website: https://www.mgps.com.mx in accordance with the provisions of this Agreement, nor that they do so diligently and prudently. MGPS has no obligation to verify and does not verify the identity of Users or the truth and/or authenticity of data that Users provide about themselves to other Users.

8. MGPS EXCLUSION OF LIABILITY

8.1 In no event shall MGPS be liable for damages arising from or related to:

  1. The use or execution of the website: https://www.mgps.com.mx;
  2. The updating or lack of updating of the information published on the website: https://www.mgps.com.mx;
  3. The information that has been altered or modified, in whole or in part, after being published on the website: https://www.mgps.com.mx;
  4. The provision or lack of provision of the services offered through the website: https://www.mgps.com.mx, even in the cases in which the User has notified MGPS about the possibility that said damages will be caused; Y
  5. Any other aspect or characteristic of the information contained or published on the website: https://www.mgps.com.mx or through the links that may eventually be included in it.

8.2 MGPS has no obligation to control and does not control the use that Users make of the website: https://www.mgps.com.mx.

8.3 MGPS does not assume any responsibility for damages that may arise from the lack of veracity and/or authenticity of the information that Users provide through the website: https://www.mgps.com.mx.

8.4 MGPS does not assume any responsibility for damages that may arise from the impersonation of the identity of a third party carried out by a User in any kind of communication made through the website: https://www.mgps.com.mx.

9. LABOR RELATIONSHIP

9.1 It is expressly agreed that this Agreement is not, nor does it imply any employment relationship, between MGPS, its affiliates, subsidiaries, related parties and the User.

10. MODIFICATIONS TO THE WEBSITE: https://www.mgps.com.mx

10.1 MGPS reserves the right to make, at any time, corrections, additions, improvements or modifications to the content, presentation, information, services, databases and other elements of the website: https://www.mgps.com.mx, without giving rise to or right to any claim or compensation, nor does it imply recognition of any responsibility in favor of the User.

11. MODIFICATIONS TO THE CONTRACT

11.1 MGPS reserves the right to make, at any time, changes to the terms and conditions of this Agreement, such changes being effective from the time of their publication on the website: https://www.mgps.com.mx.

11.2 The User undertakes to periodically review this Agreement in order to keep abreast of such changes. Notwithstanding the foregoing, each time the User accesses the website: https://www.mgps.com.mx It will be considered as an absolute acceptance of the modifications of this Contract.

12. ASSIGNMENT

12.1 The User may not assign his rights or obligations without the prior consent of MGPS granted by his legal representative and in writing. The User expressly authorizes MGPS to assign the rights and obligations derived in his favor and at his expense from this Contract to whomever he deems appropriate without the need to obtain the prior written consent of the User.

13. OBLIGATION TO INDEMNIFY

13.1 The User undertakes to indemnify, defend and hold MGPS harmless and safe from any damage, loss, liability, demand, claim, sanction and/or procedure of any kind, in relation to any breach of the User's obligations in accordance with this Agreement.

14. TERMINATION

14.1 Failure by the User to comply with any of its obligations arising from this Agreement will give MGPS the right to terminate the Agreement without the need for a prior judicial declaration. The foregoing, without prejudice to exercising any other right or action that may correspond to MGPS in the event of a breach by the User of any of its obligations stipulated in this Agreement.

15. DISCLAIMERS

15.1 MGPS's failure to exercise any right under this Agreement shall not be deemed a waiver of this Agreement. Any waiver by MGPS will be formalized in a separate writing signed by a legal representative, specifying the express waiver of the right in question.

16. VALIDITY

16.1 In the event that any Clause of this Contract is considered invalid or unenforceable by a competent authority, the invalidity or impossibility of execution of said Clause will not affect the other Clauses of the same.

17. HEADERS

17.1 The headings in this Agreement are included for reference only and shall not be considered in the interpretation of this Agreement.

18. SOLE AGREEMENT

This Contract constitutes the only agreement between MGPS and the User in relation to the object of the same and leaves without any legal effect any communication, negotiation, agreement, contract, agreement or understanding of any previous nature.

19. INDEPENDENT PARTIES

MGPS and the User acknowledge and agree that they are independent parties and nothing in this Agreement shall be construed to consider that there exists between the parties a relationship of partners, legal representation, commercial commission, or any other relationship other than that provided in this Agreement.

20. JURISDICTION AND APPLICABLE LEGISLATION

20.1 For the interpretation, fulfillment and execution of this Contract, MGPS and the User submit to the legislation of Mexico City, as well as to the jurisdiction of the competent courts of Mexico City and expressly and indubitably waive any other jurisdiction. that, due to their present or future domicile, or due to the location of their assets or for any other reason, may correspond to them.

20.2 MGPS and the User declare that error, injury, fraud, bad faith or any other vice of consent that could invalidate it in whole or in part has not intervened in the execution of this Agreement.

Restructuring

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Corporate /Transactional

At Müggenburg, Gorches y Peñalosa we provide legal services in all aspects of corporate law practice. Our group of professionals in this area has years of experience providing services to both national and international clients, with the most diverse needs and the highest standards of demand and sophistication in the service. Among our clientele are leading companies in their sectors worldwide, such as automotive, cosmetics, hotels and tourism, food industry, aeronautical industry, computer programs and systems, suppliers of the oil industry, technology, among others.

We advise our clients on the constitution of Mexican companies (commercial and civil) and associations, attending to the needs derived from the industry and/or commerce segment in which they focus their activities and their medium and long-term plans, also providing services for compliance with the regulatory requirements that may apply, including those derived from direct foreign investment, economic competition and obtaining the necessary licenses and permits for its operation. Our services also extend to the provision of corporate services within the ordinary course of business of our clients, including advice on the preparation, review and negotiation of all types of civil and commercial contracts, and the custody, updating and maintenance of corporate books. . We also provide services related to the opening and management of branches in Mexico of foreign companies.

We represent domestic and foreign corporate and/or investment groups in the acquisition of, and/or merger with, Mexican business entities, and on other occasions we also represent acquired Mexican entities. In both cases, we provide legal audit services to anticipate possible contingencies of the operation, locate areas of opportunity, and help determine the value of the company to be acquired. Likewise, on behalf of the acquirer, we prepare the legal documentation of the operation (specifically share purchase and/or association contracts, with all their annexes and accessory contracts), and we carry out the negotiation of the same with the counterparty. Likewise, in these cases we participate directly in the processing and obtaining of any authorizations, permits, licenses and concession titles required for the operation of our clients, and we advise on notices and notifications to government entities, including notifications to, resolutions and opinions of the Federal Commission of Economic Competition.

We provide advisory services for corporate restructuring and reorganization, also including international corporate groups with a presence in Mexico. In these cases we have worked in coordination with groups of financial and accounting advisors both from Mexico and abroad, and we have coordinated legal audits of subsidiaries of entities acquired in several Latin American countries (Argentina, Brazil, Chile, Colombia and Peru, among others, with local legal advisers in each case).

We advise on operations of association in participation, "joint-ventures", preparation and negotiation of agreements between shareholders, merger and spin-off of legal entities, establishment of trusts of any type, constitution of guarantees on any type of property, repurchase of shares by of companies listed on the Mexican Stock Exchange, as well as in the structure of purchase option plans and other types of specialized corporate operations.

We also provide services for the development of mechanisms that allow the efficient and effective anticipation and management of potential conflicts between shareholders; in this regard, we have represented groups of shareholders of Mexican companies in the implementation of corporate actions to defend their interests against the rest of the shareholders and the Company itself on internal corporate control issues, generally in coordination with litigation areas in matters commercial and civil.

Depending on each particular project or operation, we rely on other specialty areas of the Firm, in order to provide comprehensive services, under the highest standards of quality and efficiency.

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Restructuring (Corporate and Financial)

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).