VIP Terms
MEXICO-SPECIFIC SUPPLEMENT OF TERMS
These terms supplement our Terms of Use with additional information applicable to Mexican residents only, which service provider is Tamron USA, Inc. (DBA Tamron Americas) (“Tamron”), with legal address located at 10 Austin Boulevard Commack, NY 11725.
Limitation of Liability
EXCEPT IN CASES OF INTENTIONAL, WILLFUL, RECKLESS, OR MALICIOUS MISCONDUCT, GROSS NEGLIGENCE, FRAUD, OR LIABILITY ARISING FROM MANDATORY LEGAL PROVISIONS OF PUBLIC ORDER THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW, TAMRON, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ANY OTHER REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE VIP CLUB. IN SUCH CASE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF THE ELIGIBLE PURCHASE THAT IS THE SUBJECT OF THE DISPUTE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.
Dispute Resolution
In the event of any dispute, the parties shall be bound exclusively by the arbitration agreement set forth in the Dispute Resolution clause. Notwithstanding the foregoing, nothing in these Terms shall be construed to limit or waive any rights or remedies granted to consumers which are Mexico residents under the laws in Mexico, including the right to initiate proceedings before the Federal Consumer Protection Agency for the purpose of reaching a conciliatory settlement between the parties, in accordance with the provisions of the Federal Consumer Protection Law. If no settlement is reached, the parties expressly submit to the arbitration agreement set forth in the Dispute Resolution clause. In the event of any conflict between these Terms and the mandatory provisions of Mexico, the latter shall prevail.
Spanish version
The Spanish version of these Terms is available at https://tamron-americas.com/es/condiciones-vip/. By accepting these Terms, the consumer declares that they are of legal age under the laws of Mexico (at least 18 years old) and have full legal capacity to enter into and be bound by these Terms. If the consumer is not of legal age, their parent or legal guardian hereby represents and warrants that they have reviewed and expressly consent to these Terms on behalf of the minor, and that they authorize the minor’s participation and use of the services provided. The parent or legal guardian further acknowledges and agrees that they are fully responsible for ensuring the minor’s compliance with these Terms and for any actions taken by the minor in connection with the use of the services.