Terms and Conditions of Use

Welcome to the Intelimotor site (the "Site")! BOTMOTORS S.A.P.I. DE C.V. and/or its affiliates ("Intelimotor") offer you access to the Site subject to the following terms of use (the "Terms"). By visiting the Site, you acknowledge and agree that you are accepting the Terms. 

In the event that you are reading this translated contract, you are advised that the translation is for information purposes only. In the event of any discrepancy or conflict between this translation and the original Spanish version, the Spanish version shall prevail.

Privacy

Intelimotor respects the privacy of your data and is committed to complying with all applicable data protection legislation in force. If you would like to know more details about the treatment of your personal data, you can consult the Privacy Policy published on the Site at any time. We comply with the obligations imposed by these legislations for the processing of your data and you are also responsible for being informed of how you are subject to these legal provisions and how to exercise your ARCO rights (Access, rectification, cancellation, opposition).

Copyright

All content included on the Site (including, but not limited to: software, code, text, images, graphics, logos, icons, buttons, audio, digital downloads, data compilations and other content) is the property of Intelimotor, or its content suppliers and protected by United States, Mexican and international copyright laws. 

Licensing and Access

Intelimotor grants you a limited license to access and make personal use of the Site but not to download (other than page caching) or modify the Site or any portion thereof except with express written consent of Intelimotor. This license does not include any resale or commercial use of the Intelimotor Site or its contents; any derivative use of the Intelimotor Site or its contents; any downloading or copying of account information or copying of account information; or any use of data mining, robots or similar data gathering and extraction tools. Unless otherwise specified by Intelimotor in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Intelimotor Site is subject to these Web Site Terms or, if you have an Intelimotor account, the Agreement.

You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Intelimotor Site or any portion of the Intelimotor Site for any commercial purpose without the express written consent of Intelimotor. You may not frame or utilise framing techniques to enclose any Intelimotor trademark, logo, or other proprietary information, including images, text, page layout, or form without express written consent. You may not use any meta tags or any other "hidden text" utilizing Intelimotor's name or trademarks without the express written consent of Intelimotor. Any unauthorized use will result in termination of the permission or license granted by Intelimotor. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Intelimotor Site so long as the link does not portray Intelimotor, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Intelimotor logo or other proprietary graphic material or trademark as part of the link without express written permission.

Exclusions

The Services and content of the Site are provided "as is", so Intelimotor is unable to guarantee that the Services will be uninterrupted or error free, so the User accepts and acknowledges that Intelimotor Solutions may suffer mishaps and remain totally or partially inaccessible due to maintenance operations of Intelimotor or its suppliers, or other events not under the control of Intelimotor.

There may be delays, omissions, interruptions and inaccuracies in the content, information or other materials available through the Site. Intelimotor disclaims to the fullest extent permitted by law any and all representations and warranties for Users or services offered or requested.

Modifications

Intelimotor may, at its sole discretion, revise, modify or update the Terms of this agreement and any other legal documents at its sole discretion from time to time. Modifications will be effective upon posting by Intelimotor on the Site. By continuing your use of the Solutions after the posting of the updated Terms, you will be deemed to have consented to and accepted the updated Terms. Therefore, you are requested to constantly review the Terms and Contracts that you have accepted, ignorance of which does not exempt you from liability under any circumstances. 

Responsibility

 THE Intelimotor SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED BY THE SITE "AS IS" AND "AS AVAILABLE", UNLESS OTHERWISE SPECIFIED IN THE CONTRACT. Intelimotor MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Intelimotor SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Intelimotor DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE. Intelimotor MAKES NO WARRANTY THAT THIS SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE Intelimotor SITE, ITS SERVERS OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Intelimotor WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE Intelimotor SITE OR FOR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE Intelimotor SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE CONTRACT. SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Reviews, Commentaries, Communications and Other Content

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, provided that the content is not legal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Intelimotor reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content. If you post content or submit material, unless we indicate otherwise, you grant Intelimotor a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Intelimotor and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You and third parties may be permitted to upload certain software (including virtual images, data, text, audio, video, images or other content ("Third Party Content") to the community areas of the Intelimotor Site. You acknowledge that (a) Third Party Content has not been evaluated or screened by Intelimotor, (b) your use of any Third Party Content is solely at your own risk, and that copyrighted Third Party Content may be subject to separate licensing terms as determined by the person posting such content.

You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post: that the content is truthful; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold Intelimotor harmless from and against all claims arising from content you supply. Intelimotor has the right, but not the obligation to monitor and edit or remove any activity or content. Intelimotor takes no responsibility and assumes no liability for any content posted by you or any third party.

The comparisons made between Intelimotor's solutions and third party products/services are based on real and verifiable facts and have the sole intention of showing how Intelimotor's solutions work. At no time does it seek to defame, demerit or distort the reality of Intelimotor's services or those of third parties, but rather to establish a complete comparison that allows customers to make an informed decision.

Reservation of Rights

Intelimotor reserves all rights not expressly granted. Use of any Solution not addressed in this Agreement may be governed by separate terms of use, conditions and notices. No failure or delay by Intelimotor in exercising any right under this Agreement shall constitute a waiver of that right. If any of these terms and conditions shall be deemed unenforceable, void or for any reason unenforceable, such term or condition shall be deemed severable from the remaining terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.

Dispute Resolution and Applicable Law 

Internal Mediation. For Intelimotor your trust and experience is of the utmost importance.

Intelimotor believes in good communication as an essential part of any sound business relationship and therefore provides the opportunity to resolve conflicts internally between the parties involved. In case of facing a conflict please allow Intelimotor an opportunity (support@intelimotor.com) to resolve the issue, write a letter with the following information and send it to the following address:

• Subject of the mail: Internal Mediation

• Situation: Describe the conflict and/or non-conformity

• Documents attached that complement and/or prove the given situation if available.

• Indicate how you would like the conflict to be resolved and what you expect Intelimotor to do to your satisfaction.

Dispute Resolution. Any dispute or difference arising out of the subject matter and obligations of this Agreement shall be settled as far as possible by direct negotiation and conciliation between the parties, for which purpose a period of thirty (30) calendar days shall be allowed from the date on which either party notifies the other of any non-conformity or non-compliance. However, at any time, the parties may submit any dispute or controversy or claim relating to this Agreement, including the existence, validity or termination of this Agreement, to an Arbitral Tribunal of the International Chamber of Commerce, which shall be subject to the provisions of the Rules of Arbitration of the International Chamber of Commerce: (i) the Tribunal shall be composed of an arbitrator in accordance with the provisions of the Rules; (ii) the Tribunal shall decide in law; (iii) the arbitration proceedings shall be confidential; (iv) the arbitration shall be conducted remotely by video call or other similar means that ensure effective communication between the parties involved in the proceedings. In the event that the arbitration is to be conducted in person, it shall be upon request and at the discretion of Intelimotor to choose the place where it will take place. In the event that arbitration is not possible or in the event that the validity of the award or the arbitration clause is challenged, the parties agree that the ordinary commercial courts of the city of Monterrey, Nuevo Leon, Mexico shall have subsidiary jurisdiction.

Governing Law. This agreement shall be governed by and construed in accordance with Mexican law.

General provisions:

• In the event of any invalidity of any of the Terms of this Agreement, it shall not affect the other provisions of this Agreement.

• The headings of all clauses are for convenience of reference only and do not form part of this Contract and shall not in any way affect the interpretation of this instrument.

Complaints. Intelimotor respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact support@intelimotor.com to file claims of copyright infringement.

Notice and Procedure for Making Claims of Copyright Infringement. 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the written information below. Please note that this procedure applies only to notify Intelimotor that your copyrighted material has been infringed.

• Electronic or physical signature of the person authorised to act on behalf of the copyright owner

• Description of the copyrighted work, which you claim to be infringing

• A description of where on the Site the material that you claim constitutes infringement is located;

• Your address, telephone number and e-mail address:

• Your statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law:

• Your statement that, under penalty of perjury, the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

The contact details for Intelimotor's Copyright Agent for notice of copyright infringement claim are as follows

Digital Signature

You acknowledge that accepting the Terms and Conditions, as well as any Intelimotor contract that you accept, has the same legal effect as if you had signed a physical or digital signature on an agreement and you agree that your consent will be collected electronically. You also agree that Intelimotor may request to verify the authenticity of your data collected electronically. You agree that a digital or printed version of these Terms and Conditions, and of any communication sent and/or received electronically in the contracting process will be admissible as evidence in any judicial and/or administrative proceedings.