TERMS AND CONDITIONS

By accessing and using this Internet portal, identified with the domain name www.coldplay.com, property of COLDAYUSA LLC, the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares its acceptance using electronic means.

For the purposes of this contract, the parties agree that "User" shall mean any person of any nature who enters the website www.coldayusa.com and/or any of the subpages that display its content and/or any person of any nature who registers and/or uses any of the services offered through said page.

If the User does not fully and completely accept the Terms and Conditions of this contract, the User must refrain from accessing, using and observing the Website and/or any other service offered by COLDAYUSA LLC.

In the event that the User accesses, uses and observes the Website, it shall be considered as an absolute and express acceptance of the Terms and Conditions of Use stipulated herein, the other documents incorporated herein by reference, as well as the laws and regulations applicable in accordance with the legislation in force for the use of the Website.

COLDAYUSA LLC will not keep an individual copy of this agreement between the User and the Company, so the User is advised to keep a copy of these Terms and Conditions of Use for his/her own records.

In the event that the User violates what is expressed in these Terms and Conditions of Use, COLDAYUSA LLC may cancel its use, as well as exclude the User from future operations, and/or take any legal action it deems appropriate for its interests.

USE OF THE SITE www.colday.com

The User and COLDAYUSA LLC agree that:

In order to use the Website the User must be at least 18 years of age or be accessing under the supervision of a parent or legal guardian.

COLDAYUSA LLC grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described above, for the purpose of purchasing personal items sold on the Website. The User may only print and/or copy any information and/or image contained or published on the website colday.co exclusively for personal use, so it is expressly and strictly prohibited the commercial use of such information. The reprinting, publication, distribution, assignment, sublicensing, sale, electronic reproduction or by any other means, partial or total, of any information, image, document or graphic that appears on the website www.colday.com for any use other than personal non-commercial use is expressly prohibited to the User, unless the User has prior written authorization from COLDAYUSA LLC. Any violation of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this section, without prior notice.

Certain services and related features that may be available on colday.com.mx may require registration or subscription. If the User decides to register or subscribe to any of these services or related functions, the User agrees to provide accurate and updated information about himself/herself, and to promptly update that information if there are any changes.

Each User of the Site is solely responsible for keeping passwords and other account identifiers secure. The account holder is fully responsible for all activities that occur under his or her password or account. Moreover, the User must notify the Company of any unauthorized use of his or her password or account. In no event shall COLDAY be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of the User's failure to comply with this section.

During the registration process, the User agrees to receive promotional emails from colday.com However, subsequently, the User may opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

COLDAYUSA LLC reserves the right to block access or remove in part or in whole any information, communication or material that in its sole judgment may be: i) abusive, defamatory or obscene; ii) fraudulent, deceptive or misleading; iii) in violation of copyright, trademark, confidentiality, trade secrets or any intellectual property rights of a third party; iv) offensive or; v) in any way contravene the provisions of this contract.

COLDAYUSA LLC *does not presume that the content of your Page can be legally viewed outside the United States. Access to the content may not be legal for certain persons or in certain countries. If the User accesses the content from outside the United Mexican States, he or she does so at his or her own risk and is responsible for compliance with the laws within the jurisdiction in which the User is located.

Users are prohibited from violating or attempting to violate the security of the Website and COLDAYUSA LLC´s affiliated Websites and are prohibited from: (a) accessing data to which the User is not authorized to use or logging into a server or account for which the User does not have authorized access; (b) attempting to examine, scan or test the vulnerability of a computer system or network or breach security or authentication measures without proper authorization; (c) attempting to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Website or COLDAYUSA LLC´s affiliated websites causing saturation of such sites by "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

The User acknowledges that violations of the computer system or the security of the User's computer system may result in the User's loss or damage to the User's computer system.

The User acknowledges that violations of the computer system or network security may result in civil or criminal liability. COLDAYUSA LLC will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; the Company will cooperate with the competent authority in the investigation of such violations under the terms established in the applicable legislation.

For proper access to the Site, Users must have the necessary equipment and facilities for their Internet connection (computer, telephone, modem, programs, etc.), being the use of this equipment the total responsibility of the Users.

COLDAYUSA LLC is exempt from any liability for interruptions or suspensions of the Internet access service caused by the failure of the telecommunications system, power supply, acts of God or force majeure or an action of third parties that may disable the equipment that provides access to the network.

Therefore, COLDAYUSA LLC is not responsible for any damage or loss to the User caused by failures in the system, server or Internet. The Company will not be responsible for any virus that may infect the User's computer as a result of access, use or examination of the Site or as a result of any transfer of data, files, images, text or audio contained therein. Users may NOT hold COLDAYUSA LLC responsible or demand payment of damages or losses, due to technical difficulties or failures in the systems or the Internet. COLDAYUSA LLC does not guarantee continuous or uninterrupted access and use of the Site. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the Company's control; in such cases, COLDAYUSA LLC will try to restore it as quickly as possible without being held liable. COLDAYUSA LLC shall not be liable for any error or omission contained in the Site.

INTELLECTUAL AND INDUSTRIAL PROPERTY AND COPYRIGHTS

COLDAYUSA LLC acknowledges being the sole owner of the intellectual property rights, whether registered or unregistered, in the site www.coldayusa.com, including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, trademarks, domain names, trade names and data included in the Web Page www.coldayusa.com. The entire content of our site is also protected by copyright as a collective work under the copyright laws in Mexico and international conventions. All rights reserved.

Users are advised that such rights are protected by current Mexican and international legislation relating to intellectual and industrial property and copyrights.

It is forbidden to copy, reproduce, adapt, modify, distribute, commercialize, license, send, disclose, publicly communicate and/or any other action that generates an infringement of the Mexican or international legislation in force regarding intellectual and/or industrial property, as well as the use of the contents of the Site without prior express written authorization from COLDAYUSA LLC.

In the event that the User transmits to COLDAYUSA LLC any information, programs, applications, software or in general any material that requires to be licensed through the Website www.coldayusa.com the User hereby grants COLDAYUSA LLC a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display and publicly perform them.

The provisions of the preceding paragraph shall also apply to any other information that the User sends or transmits to COLDAYUSA LLC including, without limitation, questions, criticisms, comments and suggestions to renew or improve the Website, whether these have been included in any space on the page indicated or by virtue of other means or modes of transmission known or to be developed in the future. Furthermore, when the User submits comments or reviews to the Website, he/she also grants COLDAYUSA LLC the right to use the name that the User submits, within the framework of such review, comment, or any other content.

Therefore, the User expressly waives in this act to bring any action, suit or claim against COLDAYUSA LLC, its affiliates or suppliers for any actual or potential violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the User sends to the website www.colday.com

In case of considering that any content published on the Website violates intellectual or industrial property rights, the User may notify COLDAYUSA LLC's Customer Service Center The User will have to indicate: (i) truthful personal data (name, address, telephone number and email address of the claimant); (ii) autograph signature with the personal data of the holder of the intellectual property rights; (iii) precise and complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as the location of such violations on the referred website; (iv) express and clear statement that the introduction of the indicated content(s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; (v) express, clear and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes an infringement of such rights.

The Web Site contains links to third party web sites. These links are provided solely as a convenience to the User and do not imply that COLDAYUSA LLC has endorsed the content of such third-party websites. COLDAYUSA LLC is not responsible for the content of linked third-party websites and makes no representations regarding the content or accuracy of material on such third-party sites. If the User decides to access third-party websites through such links, he or she does so at his or her own risk. 

ADVERTISING MATERIAL

The User acknowledges and agrees that some parts of the Web Site may contain information, images, advertisements and other advertising or promotional material from third party sponsors and advertisers (hereinafter "Advertising Material"). Advertisers and sponsors are responsible for ensuring that Advertising Material submitted for inclusion on the Website complies with relevant laws and regulatory codes COLDAYUSA LLC is not responsible for any errors or inaccuracies in Advertising Material.

Furthermore, the User hereby acknowledges and accepts that such Advertising Material is protected by the applicable intellectual and industrial property laws.

GUARANTEE OF THE PRODUCTS PURCHASED

COLDAYUSA LLC acts as a distributor of manufacturers or wholesale distributors who guarantee that the products sold on the website www.colday.com.mx work properly and do not have defects or hidden defects that could make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, the use that each User makes of the products is the sole responsibility of the User, without any liability whatsoever on the part of COLDAYUSA LLC.

The duration of the contractual warranty is clearly detailed on the product page of each item and is issued and endorsed by the manufacturer or supplier of each product.

No User may request a longer warranty than that stated therein. In such cases, *Commercial Name* shall not be obliged to respond for such warranties, nor to collect the defective product(s).

The warranty shall be void in case of defects or deterioration caused by external factors, accidents, especially electrical accidents, wear and tear, improper use, or installation and use not in accordance with the supplier's or manufacturer's instructions.

Products transported, modified or repaired by the User or any other person not authorized by COLDAYUSA LLC are excluded from the warranty. The warranty shall not apply to apparent defects and defects of conformity of the product, for which any claim must be made by the User concerned within 7 (s) calendar days following delivery of the products.

PRODUCT INFORMATION

The information given on each product, as well as photographs or videos relating to them and trade names, trademarks or logos of any kind contained in the COLDAY Site, are displayed for guidance purposes only.COLDAYUSA LLC is not responsible for any error or inaccuracy in the product information.

LIABILITY

The User hereby agrees to indemnify and hold harmless COLDAYUSA LLC and its subsidiaries, controlling company, shareholders, directors, employees, officers, directors and agents against any actions, proceedings, liabilities, demands, claims, losses, liabilities, damages, costs, damages, expenses and costs, as well as expenses, costs and fees of lawyers and outside counsel arising from or related to the violation by the User of: (i) these Terms and Conditions, and / or (ii) any laws, rules, decrees or regulations in force.

COLDAYUSA LLC reserves the right to assume the defense and control of any matter or claim that involves or may involve the payment of compensation associated with any breach by the User. The User agrees to cooperate with COLDAYUSA LLC in the development of the relevant defenses.

CHANGES TO THE SITE www.colday.com

COLDAYUSA LLC may at any time and whenever it deems appropriate, without notice to the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of the site, without giving rise to any claim or compensation, nor does this imply recognition of any liability whatsoever in favor of the User. 

VALIDITY, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE

The Company, as well as the User, acknowledge that the Terms and Conditions are valid for an unlimited period of time, and shall enter into force upon their publication on the Site.

COLDAYUSA LLC reserves the right to make changes to this document without prior notice. Therefore,COLDAYUSA LLC recommends that the User regularly re-read this document, so that he/she is always informed of any changes. Changes to the contract will become effective immediately after their publication on the Site. Once the modifications have been made, the User who continues to use the Site will be presumed to be fully aware of, to have read and to have consented to the amended Terms and Conditions. In the event that the User does not accept the amended terms and conditions, he/she must stop using the Website.

COLDAYUSA LLC may at any time suspend access to the Website and/or terminate these Terms and Conditions. The termination of these Terms and Conditions shall in no way imply that COLDAYUSA LLC is liable to compensate the User. 

SUBSISTENCE

These Terms and Conditions of Use, as well as any additional terms, constitute the entire agreement between the parties, and supersede any other agreement or contract previously entered into. Any clause or provision of this contract, as well as the additional terms, legally declared invalid, will be eliminated or modified at the option of COLDAYUSA LLC, in order to correct its defect or flaw. However, the rest of the clauses or provisions shall maintain their force, binding and validity.

ADDITIONAL TERMS

COLDAYUSA LLC may from time to time revise, update and/or add to the Terms and Conditions of Use of this contract additional provisions relating to specific areas or new services to be provided on or through the Website www.colday.com.mx , which will be published in the specific areas or new services of said site for your reading and acceptance. The User acknowledges and agrees that such additional terms form an integral part of this Agreement for all legal purposes. 

ASSIGNMENT OF RIGHTS

The rights granted to the User must be considered as personal rights and the User may not assign or transfer them, nor authorize any third party to use them in any way. COLDAYUSA LLC may assign all or part of its rights and/or obligations to any third party, subsidiary or controlling company of COLDAYUSA LLC without prior authorization from the User. By virtue of such assignment, COLDAYUSA LLC shall be released from any obligation in favor of the User, established in this contract.

NON-WAIVER OF RIGHTS

Inaction by COLDAYUSA LLC, its affiliates or suppliers to exercise any right or action arising from this contract shall not be construed at any time as a waiver of such rights or actions.

INDEMNIFICATION

The User agrees to indemnify COLDAYUSA LLC its affiliates, suppliers, vendors and consultants against any action, claim or demand (including attorneys' fees and court costs) arising out of any breach by the User of this agreement; including, without limitation, any arising out of:

Any aspect of the use of the www.colday.com website

The information contained or made available on or through said Site or from libel, defamation or any other conduct in violation of this agreement by the User in the use of the aforementioned Web Page.

Violation of applicable laws or international treaties relating to copyright or intellectual property rights contained or available on or through such Web Site. 

OTHER

If any provision of these Terms and Conditions shall be unlawful, void or unenforceable in any jurisdiction, it shall not affect: (i) the legality, validity or enforceability in such jurisdiction of any other provision of this agreement; or (ii) the legality, validity or enforceability in any other jurisdiction of such or any other provision of this agreement.

COLDAYUSA LLC may not exercise any of the rights and powers conferred herein, which shall not imply in any case the waiver thereof, unless expressly recognized by COLDAYUSA LLC or prescription of the action that corresponds to each case.

The headings of the clauses are incorporated into the same only for convenience and for better handling, so that in no way be considered for purposes of interpretation, nor affect the obligations contained therein.

These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices published or communicated, from time to time, by COLDAYUSA LLC through the Website, constitute the entire agreement between the User and COLDAYUSA LLC in relation to the Services offered by COLDAYUSA LLC through the Website.