SERVICE ACCESS AND USE LICENSE
Your browsing through and use of the Site and Service are at your risk. Due to the inherent hazards of electronic distribution, there may be errors, delays, interruptions, omissions and inaccuracies in such news, information, other content, links and the Service. Neither Latinx Professionals nor any party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site or Service.
Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Latinx Professionals AND ITS LEGAL AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF THE SITE, SERVICE OR CONTENT THEREIN, AND DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING THERETO. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Latinx Professionals ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A DIRECT OR INDIRECT RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
NEITHER Latinx Professionals NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE CONTENT OR SERVICE AND ANY NEWS INFORMATION, OR OTHER CONTENT THROUGH THE SITE OR SERVICE.
IN NO EVENT WILL Latinx Professionals , ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR THEM IN RELIANCE ON SUCH NEWS, INFORMATION, OR OTHER CONTENT OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF Latinx Professionals , ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE, THE NEWS, THE INFORMATION, OR THE OTHER CONTENT IN THE SITE OR SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID Latinx Professionals FOR USE OF THE SITE OR SERVICE.
It is your responsibility to evaluate the accuracy, completeness or usefulness of the information, opinion, advice or other content available through the Site or Service. It is your responsibility to seek the advice of professionals, as appropriate, regarding the evaluation, and the application to your individual situation, of any specific information, opinion, advice or other content provided through the Site or Service. It is your responsibility to perform prudent and adequate due diligence regarding any information or ideas derived from this Site or Service.
Any communication or material you transmit to the Site via the areas available to the non-Latinx Professionals -member general-public by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Latinx Professionals or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Latinx Professionals is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
- Images displayed on the Site are either the property of, or used with permission by, Latinx Professionals. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions, or specific permission is provided elsewhere on the Site or in writing. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Latinx Professionals and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Latinx Professionals or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Latinx Professionals will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Latinx Professionals has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sited linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
- Although Latinx Professionals may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Latinx Professionals is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Latinx Professionals will fully cooperate with any law enforcement authorities or court order requesting or directing Latinx Professionals to disclose the identity of anyone posting any such information or materials.
- Any Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- You are responsible for all charges incurred and all statements made and acts or omissions that occur, while your password is being used. Your registration will continue until terminated by Latinx Professionals or until you notify Latinx Professionals by e-mail of your decision to terminate your registration.
This Agreement is personal to you and you may not assign your rights or obligations to anyone. Latinx Professionals may discontinue or change the web site, or its availability to you, at any time, without notice.
- You agree to defend, indemnify and hold harmless Latinx Professionals, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys fees, arising out of your use of the Service.
- If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of California governing contracts wholly entered into and wholly performed within the State of California.
- Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Service for personal, non-commercial use only, provided that You maintain and display all copyright, trademark and other notices contained therein.
- Non-Solicitation. You may not post or transmit through the Service any material which contains advertising or any solicitation with respect to products or services.
- Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Service or any materials accessed through the Service.
- Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service.
- Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Service is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
- USER OBLIGATIONS. By downloading, accessing, or using the Service in order to view information and materials or submit Material (as defined below) of any kind, You represent that You: (i) are at least eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of age and using the Service with parental or legal guardian consent and supervision; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by Latinx Professionals; and (iii) are not using another authorized user’s account without that person’s permission.
- anything that interferes with or disrupts the Service or its operation;
- Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
- unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
- Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Materials that harm minors;
- Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent Your affiliation with any entity; or
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Service.
- LINKS TO OTHER SERVICES. Latinx Professionals may provide links, in its sole discretion, to other services. Latinx Professionals is not responsible for the availability of these outside resources or their contents. Latinx Professionals expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party services, or the products or services provided by any third party.
- LINKS TO THIS SERVICE. You may link to the Service provided that You do so in a way that indicates that the link is direct to an American Latinx Professionals Service and is fair and not misleading. You may not integrate or make use of all or part of the Service in ways that would confuse or mislead visitors as to the nature and origin of the Service’s content.
- WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Latinx Professionals AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. Latinx Professionals DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. Latinx Professionals DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT Latinx Professionals IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- OTHER DISCLAIMERS. CONTENT ON THE SERVICE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, EXPERT ADVICE.
- Latinx Professionals DOES NOT REPRESENT OR WARRANT THAT PRODUCT INFORMATION ON THE SERVICE IS ACCURATE OR COMPLETE, AS INFORMATION MAY BE PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS, AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE SERVICE.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.
- ONLINE SHOPPING. All product and service descriptions and depictions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Service does not imply or warrant that such products or services will be available. In the event a product or service available on or through the Service is listed at an incorrect price or with incorrect information, Latinx Professionals will have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price, whether due to a typographical error, an error in information received from Latinx Professionals’ suppliers or providers, or otherwise. Your receipt of an electronic or other form of order confirmation neither signifies Latinx Professionals’ acceptance of Your order, nor constitutes confirmation of Latinx Professionals’ offer to sell. Latinx Professionals reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. Latinx Professionals may charge and withhold the applicable sales tax for orders, otherwise. You are solely responsible for all sales or other taxes, on orders shipped to You. If You wish to purchase any product made available through the Service, You may be asked to supply certain information relevant to such transaction including, without limitation, Your credit card number, its expiration date and security code, the billing address, and any shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such credit card or payment information, You grant to the Latinx Professionals the right to provide such information to third parties for purposes of facilitating the completion of any transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any such transaction. It is Your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service purchased from the Service. By placing an order, You represent that the products and services ordered will be used only in a lawful manner pursuant to any additional terms that may accompany them. Except as otherwise set forth herein, the risk of loss for and title to products or services purchased on the Service passes to You upon electronic transmission to the recipient or delivery to the carrier, as applicable.
Business customers must submit a Credit Approval and Purchase Order form. Customers who are approved for credit extensions will receive an invoice following order shipment. Invoices are produced four (4) times monthly so there may be more than one (1) order on an invoice for the same bill-to address and the same or different ship-to addresses. We do not send invoices to addresses outside the United States and its territories.
You may opt into Electronic Invoice Delivery for the established account. You will provide a valid email address on your Credit Approval and Purchase Order form. You will receive a link in the email to a PDF copy of your invoice. The link expires thirty (30) days from receipt of the email. You confirm that you are authorized to opt in to electronic invoice delivery of American Latinx Professionals Store invoice(s) on behalf of You or Your organization to one (1) designated email address. You understand that You or Your organization will not receive an invoice via postal mail after You have been successfully enrolled in electronic delivery. If the billing contact or invoice delivery email address changes for Your account, You will update that information by contacting Billing Support at email@example.com. You or Your organization is responsible for payment regardless of receipt of the electronic invoice. If invoices are not received as expected, You understand that it is Your responsibility to contact Billing Support.
Standard Payment Terms are NET 30. Payment in full is due on the date stated on the invoice. Payment of invoice is accepted by credit card or check. Past due amounts shall be subject to collections actions and may be referred to an external collections agency which will result in the termination of Your invoicing privileges. Credit card payment will be required if invoicing privileges are suspended or terminated.
To make a payment by credit card, call 424-281-4184. To pay an invoice by check, please contact us via email at firstname.lastname@example.org. For questions or concerns about Your invoice, please email email@example.com or call the number listed on the invoice or the Service’s FAQ webpage, as applicable.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. Latinx Professionals is committed to complying with copyright and related laws, and requires all users of the Service to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Latinx Professionals to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Latinx Professionals by the copyright owner or the copyright owner’s legal agent.
If You feel that a posted message is objectionable or infringing, Latinx Professionals encourages You to contact Latinx Professionals immediately. Upon Latinx Professionals’ receipt of a proper written notice of claimed infringement under the DMCA, Latinx Professionals will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The designated agent of Latinx Professionals (i.e., the proper party) to whom You should address such notice is listed below.
If You believe that Your work has been copied and posted using the Service in a way that constitutes copyright infringement, please provide Latinx Professionals’ designated agent with a written communication containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that You claim is infringing is located to permit Latinx Professionals to locate the material;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by You, made under penalty of perjury, that the information contained in Your report is accurate and that You are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner’s behalf.
Latinx Professionals’ designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail: firstname.lastname@example.org with the subject line “DMCA”
Attn: Office of the General Counsel
338, Beverly Hills, CA 90213
- INTERNATIONAL USERS. While all Services are controlled and operated within the United States, this publication may be distributed internationally and may contain references to Latinx Professionals, the Latinx Professionals International Advisory Council (LPIAC), and other Latinx Professionals services, products, and programs that are not in Your country. These references do not imply that Latinx Professionals intend to announce or provide the programs, products, or services in Your country. All questions about the Latinx Professionals International Advisory Council, Latinx Professionals or activities in Your country should be directed to the Latinx Professionals in Your country. Latinx Professionals makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If You access or use the Service from a location outside the United States, You are responsible for compliance with applicable laws, including local laws regarding online conduct and content and product use, local national Latinx Professionals society rules and policies, and U.S. export laws and regulations.
- INDEMNIFICATION. You agree to indemnify, defend and hold Latinx Professionals and its affiliates and its and their respective governors, directors, officers, employees, volunteers, and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of Your use of the Service.
- TRADEMARK INFORMATION. The Latinx Professionals emblem and Latinx Professionals name and logo are federally protected and registered marks of Latinx Professionals and protected under United States Code, Title 18, Section 706. All other trademarks displayed on this Service or through links to other services are the property of the respective trademark owners.
Revised January 2020.