Terms and Conditions of service
GENERAL INFORMATION
This website is operated by Industrial Acura, S.A. de C.V. hereinafter referred to as Grupo Acura. Throughout the site, the terms "we", "us", and "our" refer to Grupo Acura. Grupo Acura offers this website, including all information, tools and services available to you. You are conditioned to accept all terms, conditions, policies and notices stated here.
By visiting our site and/or ordering something from us, you engage in our "Service" and agree to the following terms and conditions ("Terms of Service", "Terms"). These Terms of Service apply to all users of the site, including without limitation users who are browsers, suppliers, clients, merchants, and/or content contributors.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you are agreeing to the Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use any of the services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. SERVICES.
(a) Grupo Acura will provide the Services set forth herein, which Services will be provided for Client's benefit.
(b) In addition to these Terms, the Client agrees to follow all rules, procedures, terms and conditions governing any particular Site (as defined herein) or Service.
(c) Client agrees that Grupo Acura may terminate Client's access rights to the Services if Grupo Acura determines, in its sole discretion, that Client has violated these Terms or any other applicable terms and conditions or has used the Services for any improper purpose.
2. TERMINATION AND EARLY TERMINATION.
(a) The terms of the Agreement and renewal terms will be established between the parties for the Services entered into by Client and Grupo Acura.
(b) Grupo Acura may terminate the Agreement and/or Client's use of the Services or Sites immediately: (i) in the event Client breaches any term of the Agreement or these Terms, including but not limited to Client's failure to make all payments when due; (ii) in the event Grupo Acura no longer has the right or license to provide Sites and/or Services; or (iii) for any other reason that, in its sole discretion, Grupo Acura determines that Grupo Acura is failing to meet its business objectives and goals. In the event of termination of the Agreement, without limitation of Grupo Acura's rights, Client will immediately pay all amounts due as of the date of such termination.
3. CLIENT REPRESENTATIONS AND AGREEMENTS.
(a) Client represents and warrants that any and all materials or content provided or produced by Client hereunder ("Client Content"): (a) will not violate any applicable law, regulation or ordinance; (b) will not infringe or otherwise violate any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) will not violate any duty, or rights of, any person or entity, including, without limitation, rights of publicity or privacy, or has not resulted in any consumer fraud, product liability, tort, breach of contract, injury harm or damage of any kind to any person or entity; (d) shall not contain material or information that constitutes libel, slander or defamation, or that threatens or invades the rights of any third party; and (e) must not contain any text or other material that is false or misleading. Client further represents and warrants that it has the right to agree to these Terms. Grupo Acura has no responsibility to review any Client Content.
(b) Client hereby grants to Grupo Acura, its media services using the Sites and/or related Services, a non-exclusive, worldwide, transferable, perpetual, irrevocable, royalty-free, perpetual, irrevocable right and license to publicly perform, publicly display, copy, modify, format and distribute Client Content in all media now known or hereafter developed solely in connection with the provision of the Services.
(c) Client shall not advertise anything unlawful, or engage in any unlawful or fraudulent business practices in connection with the use of the Services. Client is solely responsible for Client's use of the Services in accordance with the Agreement, all Client Content, and the services and products Client advertises. Grupo Acura, in its sole and absolute discretion, may reject the use of any Client Content that it deems inappropriate for any reason or no reason.
(d) Client is responsible for its own responsiveness to Grupo Acura's communications and inquiries and acknowledges that any lack of responsiveness may have a material impact on the effectiveness of the Services.
4. PRIVACY; DATA USE; OWNERSHIP.
(a) Client understands and agrees that Grupo Acura may use cookies, web beacons or other technologies to collect non-personally identifiable data in connection with the Services and these Terms, which may include, without limitation, information such as a web user's IP address, web pages viewed by a web user, date and time, domain type, and a web user's responses to an advertisement. Client represents and warrants that the procurement of the Services provided by Grupo Acura through the Sites does not violate Client's privacy statement.
(b) Title and all proprietary rights to the Services and Sites, together with any and all ideas, concepts, campaign optimizations, software, patents, trademarks, copyrights and other technologies that support or otherwise relate to the operation of the Services and Sites (collectively, the "Materials") shall at all times remain solely with Grupo Acura and/or its affiliates and suppliers, as applicable. Client has not acquired any ownership interest in the Materials and will not acquire any ownership interest in the Materials because of the Agreement.
5. LIMITATION OF LIABILITY.
(a) Grupo Acura SHALL HAVE NO LIABILITY TO CLIENT FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, BASED ON A CLAIM OF ANY KIND OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Grupo Acura SHALL NOT BE LIABLE FOR THE CONTENT OF ANY ADVERTISING, WEB SITES OR WEBSITES ON WHICH CLIENT CONTENT MAY BE VIEWED. Grupo Acura SHALL NOT BE RESPONSIBLE FOR THE ACTIVITIES OF VISITORS TO THE SITES. CLIENT ACKNOWLEDGES AND AGREES THAT Grupo Acura IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN CLIENT CONTENT OR FAILURE TO DISPLAY CLIENT CONTENT.
6. NO EMPLOYMENT RELATIONSHIP, ASSIGNMENT.
(a) The parties are independent contractors and the Agreement shall not be construed as creating an agency, partnership, joint venture or other relationship between the parties.
(b) Customer may not, without Grupo Acura's prior written consent, assign or transfer the Agreement or any of its rights hereunder, whether by operation of law or otherwise. Client agrees that any of its agents, representatives, employees or any person or entity acting on its behalf with respect to use of the Services will be bound by, and will comply with, these Terms.
7. JURISDICTION
(a) Any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and/or Client's use of the Sites or the Services shall be governed exclusively by the laws of Mexico City without regard to its conflict of laws provisions. The parties agree to submit to personal jurisdiction in the federal courts of Mexico City, which shall serve as an exclusive venue.
