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Legal Information

Last Updated: Friday October 8th, 2010.

1. GENERAL TERMS AND CONDITIONS AND ITS ACCEPTANCE

The present Terms and Conditions Statement ("Terms and Conditions") contains legal obligations regarding the use of the Products and Services offered by the Internet website ("the website") provided by xcentra ("xcentra") at the following address: "http://www.xcentra.com". Please read them carefully.

By using the Products, Services and Contents in the xcentra website ("the Services"), you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to the xcentra web site, or to any Product or Service at the time of accessing the website. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. Use of the Services is subject to compliance with the Terms and Conditions version published whenever the user accesses the website. So, the user shall read these Terms and Conditions every time he or she effectively accesses the web site, as modifications could apply since the last access.

In addition, there could be a variety of special Products and Services offered through xcentra that may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement ("Particular Conditions"). When you are using any service or product on the xcentra website that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. xcentra also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of the xcentra website. In addition, xcentra also may offer other services from time to time that are governed by the terms of service of the respective Services. So, the user shall also read the Particular Conditions for the Products and Services that have them every time he or she effectively accesses the web site, since modifications could also apply since the last access.

xcentra may modify these Terms and Conditions in the future and/or add new regulations, conditions or instructions, which will be communicated to the users.

2. SUBJECT

By means of the website, xcentra gives users access to different Products, Services and Contents made available by xcentra or by service partners.

3. CONDITIONS OF ACCESS AND USE OF THE PORTAL

3.1. Free of charge access and use of the website
The Services are commonly made available free of charge to users. Nevertheless, some Services made available by xcentra or other service partners may be subject to a fee payment in the form described in their corresponding Particular Conditions. Specifically, this is the case regarding any product or service orders eventually placed to xcentra through the website.

3.2. User Registration
In general, Services made available by xcentra do not require a previous user registrarion. Nevertheless, some of the xcentra Services could require the user to register and provide certain data before gaining access to them.

3.3. Information Accuracy and Veracity
In consideration of use of Services subject to user registration, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or xcentra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, xcentra has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. Besides, the user will be the one and only responsible regarding any damage caused to xcentra or any other party due to untrue, inaccurate, not current or incomplete information provided.

3.4. Responsability for Minors
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of the Products and Services; and (c) the consequences of any misuse by the minor.

Since certain material available on the Internet is not appropriate for minors you are informed that to prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available.

3.5. Member and User Conduct
Members and users commit themselves to use the website and the Services in accordance with law, this Terms and Conditions, the Particular Conditions of certain services and any applicable guidelines, rules and/or instructions.

xcentra further reserves the right to terminate any user's access to the xcentra website or to any of the Products and Services for any conduct that xcentra, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to xcentra or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any laws or regulations. xcentra further reserves the right to terminate any user's access to the xcentra website or to any of the Products and Services for any reason or for no reason at all, in xcentra's sole discretion, without prior notice, or any notice.

3.6 Prohibited Conduct
You agree that you will not use xcentra Products and Services to:

(a) Upload, post, email, otherwise transmit any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

(b) Upload, post, email, otherwise transmit any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.

(c) "Stalk" or otherwise harass another.

(d) Collect or store personally identifying information about other users for commercial or unlawful purposes.

(e) Impersonate any person or entity, including, but not limited to, a xcentra official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

(f) Employ misleading email addresses or falsify information in any part of any communication, including emails, transmitted through the Products and Services.

(g) Upload, post, email, otherwise transmit any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

(h) Upload, post, email, or otherwise transmit any Content that facilitates hacking.

(i) Upload, post, email, otherwise transmit any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.

(j) Upload, post, email, otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such purpose.

(k) Upload, post, email, otherwise transmit any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the xcentra website.

(l) Use automated means, including spiders, robots, crawlers, or the like to download data from any xcentra system.

(m) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any xcentra system, including, without limitation, by incorporating data from any xcentra system or database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.

(n) Sell, distribute, or make any commercial use of data obtained from any xcentra system or make any other use of data from any xcentra system in any manner.

(o) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.

(p) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchange, and any regulations having the force of law.

(q) Access the Products and Services after your account or access has been terminated by xcentra.

(r) Fail to complete any transaction after submitting an order to purchase any goods or services from xcentra or submit any order to purchase goods or services from xcentra where you do not intend to complete the transaction.

(s) Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.

(t) Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of xcentra or the party from whom such software may be licensed.

(u) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.

(v) Upload, post, email, otherwise transmit any material, or act in any manner, that is offensive to the rest of the xcentra website users or the spirit of these Terms and Conditions.

3.7. Use of the website Services according to xcentra's Anti-Spam Policy
Members and users also commit themselves to avoid:

(a) collecting personal data for soliciting and advertisement of any kind and, more specifically for commecial purposes without previous consent;

(b) mass delivery of any kind of unsolicited or unconsent message or communication to groups of people, no matter the size of the target group;

(c) sending or forwarding promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or the likes.

3.8. Hyperlinks pointing to pages or Services on the website
Members and users, and, in general, any person who want to establish a hyperlink from his/her website to xcentra's website ("the Hyperlink") will need to comply with the following rules:

(a) the Hyperlink will only point to the website home page and won't in any form copy, imitate or reproduce the home page;

(b) the Hyperlink will never directly point to any web pages, files or services other than the website home page ("hotlinking");

(c) the Hyperlink won't create or open a new frame on the website pages;

(d) the member, user or website linking with our website won't provide wrong, inexact or incorrect indications about xcentra, the management team, the staff, the website pages and/or the Services;

(e) the member, user or website linking with our website won't declare, state or indirectly let understand that xcentra has authorized the Hyperlink or that xcentra has supervised or endorsed, in any form, any services provided by the website in which the hyperlink has been inserted;

(f) with the exception of the signs or characters the make up the Hyperlink itself, the web page in which the Hyperlink has been inserted will contain no trademarks, commercial names, denomination, logo, slogan or other distinctive signs belonging to xcentra;

(g) the web page in which the Hyperlink is inserted won't contain, in any form, illicit, illegal, unlawful, harmful, threatening, abusive, invasive of privacy or publicity rights or otherwise objectionable contents; and

(h) the insertion of the Hyperlink doesn't ever imply a relationship between xcentra and the owner(s) of the website linking with xcentra. Neither it implies that xcentra accepts or approves the contents or services of the linking website.

4. NO LICENSE: INTELLECTUAL PROPERTY OF xcentra AND OTHERS

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the xcentra's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the xcentra website and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of xcentra and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by xcentra in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by xcentra, any of xcentra' affiliates, or any of xcentra' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the xcentra website of any purpose other than the purpose for which such Content is made available to users by xcentra. You agree not to defame or disparage xcentra, the trademarks or service marks of xcentra, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the xcentra website.

Rather than indicating every occurrence of a trademarked name as such, xcentra uses the names only for informational purposes and to the benefit of the trademark owner with no intention of infringement of the trademark.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, xcentra DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, xcentra DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. xcentra SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT xcentra DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. xcentra DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. xcentra DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL xcentra OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF xcentra OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE xcentra PORTAL. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL xcentra OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

6. DATA PROTECTION

The website or the Products and Services could require the user to submit, register and/or provide certain data ("Personal Data"). xcentra will use Personal Data according to the conditions defined and described in the xcentra's Privacy, Confidentiality and Data Protection Policy statement published in the URL: privacy/.

xcentra has adopted the security levels for data protection legally required, but the user has to bear in mind that security measures are not fully impregnable in Internet.

Every registered user is responsible for maintaining the confidentiality of the ID and password provided by xcentra, and is fully responsible for all activities that occur under his/her ID and/or password. The user agrees to (a) immediately notify xcentra of any unauthorized use of his/her password or account or any other breach of security, and (b) to ensure that he/she exits from his/her account at the end of each session. xcentra cannot, and will not, be liable for any loss or damage arising from the user's failure to comply with this requirements.

To obtain more information regarding the way xcentra uses cookies when an user browses web pages in the website, please refer to the xcentra's Cookie Use Policy section under the mentioned xcentra's Privacy, Confidentiality and Data Protection Policy statement.

7. NOTIFICATIONS

All the notifications and communications ("Notifications") from the user to xcentra are considered valid, in all the ways, whenever they are forwarded to xcentra's Customer Care Service in one of the following ways:

(a) E-Mail via xcentra's Contact Form

(b) Phone call to the phone number that xcentra might make available.

All the notifications from xcentra to the user will be considered valid, in all the ways, whenever they are realized in one of the following ways:

(a) Postal mail to the address previously communicated to xcentra by the user;

(b) E-Mail to any of the e-mail accounts provided by the user to xcentra;

(c) Phone call to the phone number previously provided by the user to xcentra;

In this context, the user warrants that the information about him or herself is true, accurate, current, and complete and that he/she will maintain and promptly update the Registration Data to keep it true, accurate, current and complete by communicating them to xcentra.

8. REMOVAL AND SUSPENSION OF SERVICES

xcentra reserves the right, in its sole discretion, to reject, refuse, restrict, suspend, or terminate the access to all or any part of the xcentra website at any time, for any or no reason and all current or future use of the Products and Services, with or without prior notice, and without liability, to users violating or not fully complying to these Terms and Conditions. We also reserve the right to terminate and/or limit access to the xcentra website for any user requesting end of services or cancellation of personal data.

9. TERMINATION; SURVIVAL

These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by xcentra. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions. Whenever it is reasonably possible, xcentra will communicate the cease of the Service previously.

10. GOVERNING LAW

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the Spanish law.

11. QUESTIONS AND CONTACT INFORMATION:

If you have additional questions about xcentra's Legal Information and Terms and Conditions statement, please do not hesitate to contact us through our Contact Form. You can also use the same form for sending us suggestions, claims, proposals or abuse reports.

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