Terms and Conditions of Use for Intcomex
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SERVICES TO PLACE AN ORDER.
All right, title and interest in and to the trademarks and any content and related intellectual property displayed on the Site or any method available for placing a Purchase Order, (including but not limited to all information, text, displays, images, video, and audio, software, algorithms, source code, object code, and graphic design, selection and arrangement thereof, as well as the compilation of the aforementioned material), is the exclusive property of Intcomex (“Intcomex Materials”), its content suppliers, and/or licensors, with all rights reserved as afforded to by the laws of the United State of America and any applicable foreign law.
Intcomex grants you a limited license to make personal, non-commercial use as it pertains to the reproduction and use of the Intcomex Materials, in connection with placing a Purchase Order. In accordance with these Terms, you are not permitted to download any of the Intcomex Materials, except for printing single copies of pages, as necessary to place a Purchase Order (this means for personal, non-commercial use provided that all copyright and proprietary notices are maintained), link to any page within or modify all or part of the Site without Intcomex’s express written consent. No copyright notices, other intellectual property or legal notices, or other identifying information may be removed from downloaded materials o materials received in connection with placing a Purchase Order. Except only as expressly provided herein, you may not reproduce, display, publish, modify, rent, lease, loan, license, sell, distribute, decompile, reverse engineer, disassemble or otherwise reduce to a human-readable form, or create derivative works based on the Intcomex Materials (or any derivative work version thereof), unless such use is expressly permitted by applicable law or authorized by Intcomex or the relevant third party content supplier or licensor. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you. Any use of any method available for placing a Purchase Order not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws as applicable.
In order to register, create and use an account on the Site or any method available for placing a Purchase Order, you may be required to submit certain personal and corporate information, including but not limited to your name, corporate name, state of incorporation, employer identification number, email address, telephone number, business and mailing address, date of birth, credit history, references, and bank/credit card information. We may also require You agree that the personal information you provide to the Site or any method available for placing a Purchase Order, upon registration and at all other times will be true, accurate, current, and complete, and you agree to maintain and update this personal information with us at all times. You must treat your username, password, and any other personal information provided on the Site or any method available for placing a Purchase Order, as confidential, and you must not disclose it to any other person or entity and limit any use for your personal authorized use. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information (collectively, “Access Credentials”). You agree that you are responsible for any activity on the Site or any method available for placing a Purchase Order occurring under the Access Credentials issued to you and to notify us immediately of any unauthorized access to or use of your Access Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any Access Credential or other identifier, whether chosen by you or provided by us, at any time if, in our sole opinion, we have reason to suspect that you have violated any provision of these Terms or that their security has been compromised.
Purchases: Terms, Prohibitions, and Limitations
All Purchase Orders placed to Intcomex through the Site, or any method available for placing a Purchase Order, will be governed by these Terms and a separate Invoice, which may include other terms and conditions consistent with these Terms. Purchase Orders shall be made by you through the Site or any method available for placing a Purchase Order. These Terms shall not obligate you to purchase any products except as specifically set forth in an Invoice. Charges, prices, quantities, including the applicable Incoterms, and discounts, if any, for Purchases shall be determined at the sole discretion of Intcomex at the time the Purchase Order is placed and shall be confirmed in writing in each Invoice. The price of the orders might change due to regulatory issues which are outside of our span of control such as taxes, shipping, and/or payment terms.
All and any product acquired through the placement of a Purchase Order shall be solely resold or used within the specific territories indicated by Intcomex on the Purchase Order, the invoice, or by any other means. Selling or reselling any Products in any territory other than those allowed (“Gray Market”) is strictly prohibited and constitutes immediate grounds for the termination of your account and ability to place a Purchase Order with Intcomex. It is further prohibited to sell any Products to third parties if you have any reason to believe that they will in turn sell the Products outside the designated territories.
You further warrant and represent by accepting these Terms that you have reviewed and verified the current list of sanctioned entities by the United States of America. Purchases by an entity that has been sanctioned by the United States (“Sanctioned Entities”) constitute a material breach of these Terms. By making placing a Purchase Order, you represent that neither you nor your customers (or to the best of your knowledge, your customer’s beneficiaries), are on any of the following lists:
- Denied Persons List - A list of individuals and entities that have been denied export privileges.
- Unverified List - A list of parties where the U.S. Bureau of Industry and Security has been unable to verify the end-user in prior transactions.
- Entity List - A list of parties whose presence in a transaction can trigger a license requirement under the Export Administration Regulations.
- Specially Designated Nationals List - A list of parties, compiled by the U.S. Treasury Department, Office of Foreign Assets Control, whose presence in a transaction can trigger a license requirement under the Export Administration Regulations.
- Debarred List - A list compiled by the U.S. State Department of parties who are barred from participating directly or indirectly in the export of defense articles, including technical data or in the furnishing of defense services for which a license or approval is required.
- Nonproliferation Sanctions - Lists compiled by the U.S. State Department of parties that have been sanctioned under various statutes.
All Purchase Orders made through the Site are subject to final confirmation by Intcomex, and said purchases will not be binding on Intcomex until they have been approved. Intcomex will make best efforts to reflect accurate pricing on the Site, but should a Product be listed with an incorrect price, then Intcomex reserves the right to cancel the Purchase Order of such incorrectly listed price and issue a refund for any charges made with relation to said Product.
Forums and public communication
- defame, abuse, harass or threaten others;
- make any bigoted, hateful, or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous, or indecent language or images;
- advertise or sell to, or solicit, others;
- use the Forum for commercial purposes of any kind;
- post or distribute any software or other materials which contain a virus or other harmful component; or
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
Intcomex reserves the right to remove or edit content from any Forum at any time and for any reason. Any material transmitted, submitted, or otherwise delivered to a Forum shall constitute a Submission and is hereby governed by the terms applicable to Submissions as described herein. In addition, you must agree that you will not use a false e-mail address, impersonate any person or entity, or otherwise mislead others as to the source of origin of a Submission. When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and Intcomex. is not responsible for the content or accuracy of any information.
Any information or materials you transmit, upload, or otherwise submit (when placing a purchase order and/or including, without limitation, comments, reviews, postings to Site chat, e-mail messages, or materials directed to any Forum, or Intcomex message board) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to Intcomex, via any means of transmission or delivery, shall be collectively referred to as “Submissions.” If you transmit or otherwise deliver Submissions to Intcomex, you grant Intcomex a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under the law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such Submissions or incorporate such Submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to Intcomex that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) and to grant such license to Intcomex, that no such Submissions are, or shall not be, subject to any obligation of confidence on the part of Intcomex and that Intcomex shall be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Intcomex shall be entitled to unrestricted use of the Submissions, commercial or otherwise, without compensation to the provider of the Submissions.
You understand and acknowledge that You are responsible for any Submissions, and You, not Intcomex, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Submission provided by you or any other material included by You on any Forum within the Site or by any other user of the Site.
We have the right to:
• Remove or refuse to post any Submission for any or no reason at our sole discretion.
• Take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates these Terms, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Intcomex.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or any other method available for placing a Purchase Order.
• Terminate or suspend your access to all or part of the Site or any other method available for placing a Purchase Order, for any or no reason, including without limitation, any violation of these Terms.
The materials and Products available through any method for placing a purchase order are provided “as is” and without warranties of any kind, either express or implied (without limitation to any warranty the manufacturer may offer or provide). To the fullest extent permissible pursuant to applicable law, Intcomex and its contractors, agents, affiliates, partners, and intended third-party beneficiaries (collectively “Intcomex Parties”), disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Intcomex does not warrant that the functions contained within the methods available for placing a purchase order, will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the Intcomex Materials available are free of viruses or other harmful components, or that the Products themselves are free of defects. The Intcomex Parties do not warrant or make any representations regarding the use or the results of the use of the materials on the Site or any of the methods available for placing a purchase order, in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Intcomex explicitly disclaims any responsibility for the accuracy, completeness, content, or availability of information found on sites that link to or from the Site or any method available for placing a Purchase Order and cannot ensure that you will be satisfied with any products or services that you purchase from such sites. Intcomex does not endorse any of the merchandise (if any) except as expressly provided, nor has Intcomex taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Intcomex does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Intcomex with respect to such sites and third-party content.
The Site and the products sold through the Site and any other method available for placing a Purchase Order are provided "as is” or “as available" to the fullest extent permitted by Law. Intcomex disclaims all express or implied warranties, including warranties of non-infringement, merchantability, satisfactory quality, and fitness for a particular purpose. In addition, Intcomex cannot guarantee that the products offered on this Site have not been affected by technical malfunctions, unauthorized tampering, or geographical restrictions.
You are responsible for coordinating the applicable payment per Purchase Order with your respective Intcomex representative if you do not opt for making your payment through the Site.
You agree to defend, indemnify and hold Intcomex and its affiliates, directors, officers, employees, and agents harmless from any and all losses, damages, demands, claims, assessments, actions, deficiencies, penalties, interest, reasonable attorneys’ fees (including without limitation those incurred to enforce this indemnity), and other costs and expenses (collectively “Losses” or “Loss”), related to or incurred as a result of your actions, inactions, gross negligence, and/or breach of any portion of these Terms or the terms and conditions of any site linking to this Site or any other available method for placing a Purchase Order. If any Loss arises, Intcomex will promptly notify you and will (i) provide reasonable cooperation at your expense in connection with the defense or settlement of any such Loss and (ii) retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Intcomex. You agree to cooperate with Intcomex’s defense of these claims. You will not acquiesce to any judgment or enter into any settlement that adversely affects Intcomex’s rights or interests without Intcomex’s prior written consent.
If you re-sell any product acquired through or any other method available to place a Purchase Order, y through any other method available through which any buyer may place a Purchase Order, you shall not sell or transfer any product to an unauthorized end-user or entity, or a Sanctioned Entity.
You hereby agree to defend, indemnify, and hold Intcomex and its affiliates, directors, officers, employees, and agents harmless from any and all Losses, or legal actions arising from the sale of Gray Market products and sales to Sanctioned Entities.
To the maximum extent permitted by law, under no circumstances and under no legal theory (whether based in equity, contract, negligence, other tortious action, strict liability, or any other theory of liability), shall Intcomex, its officers, directors, employees, subsidiaries, or affiliated companies be liable for any direct, indirect, incidental, special, consequential, or punitive damages, such as, but not limited to, loss of revenue, loss of anticipated profits, goodwill, diminution of value, business interruption costs, or any other intangible losses (even if we have been advised of the possibility of such damages) arising out of, related to, caused by, or resulting in any way from damage from Intcomex’s use, disclosure, maintenance, or display of your personal information, any security breach or any other security intrusion, or any virus, bugs, other malicious software or harmful components, tampering, interruption, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction, or any other interaction between you and Intcomex or any other User of the Site. Some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or other damages. In such jurisdictions, Intcomex’s liability will be limited to the maximum extent permitted by law.
Limitation Of Liability
Under no circumstances, including, but not limited to, negligence, shall Intcomex be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages (including, without limitation, for breach of contract, warranty, negligence, or strict liability), or for interruption of business, loss of use, lost business, lost profits, loss of information or data, or the like (even if the party was advised of the possibility of any of the foregoing), arising out of or in connection with these Terms, or that result from the use of, or the inability to use, the Site or materials or functions on the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action whether in contract or tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for membership in the Site.
The limitations of liability set out hereinabove shall survive any termination or expiration of the Intcomex Terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
Unless otherwise specified, the content on the Site is presented solely for the purpose of promoting the array of products, including but not limited to computer hardware, computer equipment, computer software, cellphones, networks, accessories, peripherals, networking, and other products and services available in South America, Central America including Mexico, Caribbean, the United States of America within in applicable restriction, and its territories, possessions and protectorates. Specific Products may have territory restrictions. Intcomex makes no representation that materials on the Site or any other method available for the placement of a Purchase Order are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Your account and/or access to the Site or any other method available for the placement of a purchase order may be terminated immediately without notice from Intcomex if, at our sole discretion, you fail to comply with any of the Terms. Reasons for such involuntary termination of your account shall include but are not limited to: any breach or violation of the Terms or other incorporated agreements or conditions by you; requests by law enforcement or other governmental agencies; the discontinuance or material alteration of the Site or any other available method for placing an order, or any portion thereof; unforeseen technical or security issues; or extended periods of inactivity. Upon such termination, you must cease use of the Site, or any other method available for placing a Purchase Order, and destroy all obtained Intcomex Materials and all copies and installations thereof, whether made under these Terms or otherwise. You may terminate at any time by discontinuing the use of the Site or any other available method for placing a Purchase Order. Upon such termination, you must destroy all obtained Intcomex Materials and all copies and installations thereof, whether made under these Terms or otherwise.
Notice and procedure for making claims of copyright infringement
Pursuant to the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent:
Software Brokers of America, Inc.
Attention: Marketing and Communications Department
3505 NW 107th Avenue, Doral, FL 33178
If you have determined that your copyrights have been infringed by another user, please provide us with the following information:
- the physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed (e.g. a copy or link to the infringed original work or a clear description of the materials allegedly being infringed upon);
- identification of the infringing material and information reasonably sufficient to permit us to locate the material within the Site;
- your contact information, including your address, telephone number, and email address.
- a statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner or its authorized representative; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Please note that, under 17 U.S.C. § 512(f), you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s).
Any user who has provided allegedly infringing content may make a counter notification pursuant to the DMCA in order to rebut the copyright claim notified. To file a counter-notification, please provide us with the following information:
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- your name, address, and telephone number;
- the following statement: "I consent to the jurisdiction of Federal District Court for the [federal judicial district in which your address is located]. I will accept service of process from [name of the person who submitted the infringement notification] or his/her agent. I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your electronic or physical signature.
Please note that under 17 U.S.C. § 512(f) you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material or activity was removed or disabled by mistake or misidentification. Upon receipt of such counter-notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter-notification, and inform that person that Intcomex will replace the removed material or cease disabling access to it in ten (10) business days. Intcomex will replace the removed material and cease disabling access to it within ten (10) to fourteen (14), business days following receipt of the counter-notice unless our Designated Copyright Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Site.
Please note: If your product code ends in;
- B1: The package of the product is slightly damaged, but the product is 100% functional and a warranty applies.
- B2: The package is totally damaged, the product may be repackaged, or the product may not have the package, but it is 100% functional and a warranty applies.
- S: The product is scratched, it is 100% functional and a warranty applies.
- I: The product is new without accessories, it is 100% functional and warranty applies.
- RC: The product is repaired with accessories; the warranty will be valid for three (3) months after the purchase.
- IR: The product is repaired without accessories and the warranty is valid for three (3) months after the purchase.
If you have any concerns, please contact your sales representative.
The price of the orders might change due to regulatory issues outside Intcomex’s span of control such as: taxes, shipping, and payment terms. Please contact your sales executive for final pricing.