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TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THESE SITES.
By using the www.intcomex.com (the "Sites") and making a purchase through the Site (or directly with us), you hereby accept to be bound to these Terms and Conditions of Use and our Privacy Policy, which can be found here. If you do not agree to these Terms and Conditions of Use ("Terms"), then you will not be able to use the Site or place any orders with us. Software Brokers of America, Inc. d/b/a Intcomex ("“Intcomex”") reserves the right, at its discretion, to change, add, remove or otherwise modify portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms will be deemed an explicit acceptance of any updated Terms.



Ownership

All right, title and interest in and to the trademarks and any content and related intellectual property on the Site (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, or licensors, with all rights reserved as afforded to by the laws of the United State of America and any applicable foreign law.


License and Site Use

Intcomex grants you a limited license to access and make personal, non-commercial use of the Site as it pertains to the reproduction and use of the Intcomex Materials. 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 access the Site (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. Except only as expressly provided herein, you may not reproduce, display, publish, modify, rent, lease, loan, license, sell, distribute, de-compile, 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 the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.


Your Account

In order to register, create and use an account on the Site, the Site may require that you 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 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 as necessary. You must treat your username, password, and any other personal information in the Site 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. You agree that you are responsible for any activity on the Site under your account, and to notify us immediately of any unauthorized access to or use of your username or password 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 user name, password 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.


Purchases

All purchases and orders placed to Intcomex through the Site, or by any other means ("Purchases") will be governed by these Terms and a separate Invoice, which may include other terms and conditions consistent with these Terms. Purchases shall be made by you through the Site or directly with Intcomex. 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 as mutually agreed upon by you and Intcomex, and shall be confirmed in writing in each Invoice. The price of the orders might change due regulatory issues, taxes, shipping and/or payment terms.

All Purchases shall be solely resold or used within the specific territories indicated by Intcomex on the Site, the invoice, or by any other means. Selling or reselling any Products in any territory other than those allowed is strictly prohibited and constitutes immediate grounds for the termination of your account and ability to purchase from Intcomex ("Gray Market"). 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 a Purchase using the Site, 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 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.


Submissions

Any information or materials you transmit, upload or otherwise submit to the Site (including, without limitation, comments, reviews, postings to chat, e-mail messages or materials directed to any forum, as the term is defined below) 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 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 user of the Site.

We have the right to:

  • Remove or refuse to post any Submission for any or no reason in 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 right 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.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.


Forums and public communication

"Forum" means a chat area, message board, e-mail function or other function which allows you to transmit or submit material to Intcomex for display, storage or distribution, offered as part of the Site or by an affiliated company/organization and/or service provider of Intcomex. Specifically, the Site includes a comment and chat section where You can provide input or questions to us. Where the Forum is provided on a site other than the Site, you will be bound by the terms and conditions of service and privacy policy of to the provider of the site you are using. If you participate in any Forum within the Site, you must not, and agree that you will not, through the use of any Submission or otherwise:

  • 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.

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. 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 in a Forum, never assume that people are whom 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.


Payment Information

To the extent that any payment information is collected, Intcomex will not share your billing and shipping information to any participating merchants from whom you buy goods or services, financial institutions pursuant to transactions with Intcomex, and/or any other party. For more information, please read our Privacy Policy. To protect the security of your credit card information, Intcomex employs the industry-standard Secure Sockets Layer (SSL) technology. Intcomex also encrypts your credit card number when storing your order and whenever information is transferred to participating merchants.

You are responsible for coordinating the applicable payment per Purchase with your respective Intcomex representative if you do not opt for making your payment through the Site.


Disclaimer

The materials and Products in the Site are provided "as is" and without warranties of any kind, either express or implied. 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 in the materials on the Site 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 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 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 are provided "as is, 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.


Indemnification

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 the 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. 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 sell any products through the Site, or provide to Intcomex any products to sell on the Site, you shall not sell or transfer any product to an unauthorized end-user or entity, or to 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 arising of 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 Inc. and Intcomex Global Investments Holdings SL. (as defined in the disclaimer section above) be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any Intcomex Inc. and Intcomex Global Investments Holdings SL. Site or materials or functions on any such site, even if Intcomex Inc. and Intcomex Global Investments Holdings SL. Has been advised of the possibility of such damages. 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 these Intcomex Inc. and Intcomex Global Investments Holdings SL. Sites.

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 Terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.


Jurisdictional Issues

Unless otherwise specified, the content on the Site is presented solely for the purpose of promoting computer hardware, computer equipment, computer software, peripherals, networking and other products and services available in South America, Central America including Mexico, Caribbean, the United States of America and its territories, possessions and protectorates, provided that specific Products may have territory restrictions. Intcomex makes no representation that materials on the Site 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.


Termination

Your account and/or access to the Site may be terminated immediately without notice from Intcomex if, in 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 portion thereof; unforeseen technical or security issues; or extended periods of inactivity. Upon such termination, you must cease use of the Site 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 use of the Site. 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 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
(305) 477-6230

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 an 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) ifyou 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.


General provisions

By visiting the Site you agree that these Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law, and that any action at law or inequity arising out of or relating to these Terms and the Privacy Policy shall be filed only in the state or federal courts located in Miami-Dade County, Florida and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Intcomex relating to the subject matter herein. The Intcomex contractors or employees that developed and maintain the Site shall be deemed an intended third party beneficiary of all rights, but not obligations, provided to Intcomex under these Terms.


Red Tag

Please note: If your product code ends in;

  • B1: The package of the product is slightly damaged, but the product is 100% functional and warranty applies.
  • B2: The package is totally damaged, the product may be repackaged, or the product may not have package, but it is 100% functional and warranty applies.
  • S: The product is scratched, it is 100% functional and 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 warranty is valid for three (3) months after the purchase.

If you have any concerns please contact your sales representative.


Price disclaimer

The price of the orders might change due regulatory issues, taxes, shipping and payment terms. Please contact your sales executive for final pricing.

 
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