Updated: September 28, 2019
By using the Website or Services, you represent and warrant that you are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to your compliance with the terms and conditions of this Agreement, The Latina Pro grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, nontransferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of The Latina Pro. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of The Latina Pro or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.
4. PASSWORD PROTECTION
In connection with your use of certain Services, you may be asked to provide, or may be given, a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of any other user at any time. You agree to notify The Latina Pro immediately of any unauthorized use of your account, username, or password. The Latina Pro shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by The Latina Pro, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You must also promptly notify The Latina Pro if any credit/debit card that you have provided to The Latina Pro is lost, stolen or used without permission.
5. CONSENT TO BE CONTACTED BY THE LATINA PRO
By registering with the Website or soliciting any of the Services, you thereby consent to receive periodic email communications regarding the Services. As part of registration, you may also elect to receive periodic email communications regarding special offers and other promotions (collectively, “Special Offers”). You may opt-out of receiving Special Offers at any time by (a) following the unsubscribe instructions contained in each Special Offer; or (b) changing the email preferences in your account. By completing and submitting information to The Latina Pro via the Website, including through the “Add My Company” and “Contact Us” forms, you thereby consent to be contacted by The Latina Pro by email, telephone, or other method provided by you concerning your submission.
6. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, egulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
7. PAID SERVICES
You are responsible for all fees incurred as a result of any and all services performed by The Latina Pro on your behalf or at your direction. By opting for paid services, you authorize The Latina Pro, and/or its payment processor, to charge all applicable fees to the credit card, debit card, or other payment method you provide, in addition to applicable sales taxes and other taxes. Such fees shall be due and collected in full before the services are rendered. ALL FEES AND CHARGES ARE NONREFUNDABLE. THE LATINA PRO RESERVES THE RIGHT, IN THE LATINA PRO’S SOLE DISCRETION, TO CHANGE THE FEES AND CHARGES IN EFFECT, OR TO ADD NEW FEES AND CHARGES, BY POSTING SUCH CHANGES ON THE WEBSITE OR PROVIDING NOTICE TO YOU.
8. USER CONTENT
“User Content” is any content, materials or information that you upload or post to, or transmit, display, perform or distribute by means of the Website, whether in connection with your use of Services or otherwise. YOU HEREBY GRANT THE LATINA PRO A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE LATINA PRO MAY PUBLISH OR OTHERWISE DISCLOSE YOUR INFORMATION IN CONNECTION WITH ITS EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE LATINA PRO OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that you own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided The Latina Pro under this section. You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute an authorized solicitation for goods or services; (h) violate any provision of this Agreement or any other The Latina Pro agreement or policy; (i) infringes on the intellectual property rights of any person or entity; or (j) is generally offensive or in bad taste, as determined by The Latina Pro; or (k) is inconsistent with the legitimate business interests of The Latina Pro or the Services as determined by The Latina Pro in its sole discretion (collectively, “Objectionable Content”).
THE LATINA PRO DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENT OF THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, The Latina Pro reserves the right to terminate your use of the Website and Services for your uploading, posting, transmission, display, performance or distribution of Objectionable Content and/or other abuse of the Website and Services. At the sole discretion of The Latina Pro, if you are suspected or found to have posted numerous reviews, comments, or other content on the Website using different pseudonyms, your content will be removed. The Latina Pro, in its sole discretion, may delete any Objectionable Content and/or other content from the Website and The Latina Pro’s servers. The Latina Pro intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
9. THIRD-PARTY WEBSITES
10. PROHIBITED USES
The Latina Pro imposes certain restrictions on your use of the Website and the Services. You represent and warrant that you will not: (a) provide false, misleading or inaccurate information to The Latina Pro; (b) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (c) harvest or otherwise collect information about The Latina Pro users, including email addresses and phone numbers; (d) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (e) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (h) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by The Latina Pro in providing the Website or Services. Any violation of this section may subject you to civil and/or criminal liability.
11. INTELLECTUAL PROPERTY
a. Compliance with Law
You represent and warrant that, when using the Website and Services, you will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRDPARTY RIGHTS RESTS SOLELY WITH YOU.
The Latina Pro, The Latina Pro, LLC, The Latina Pro.com and The Latina Pro logo (collectively, “The Latina Pro Marks”) are trademarks or registered trademarks of The Latina Pro. Other trademarks, trade names, service marks, graphics, logos and domain names appearing on the Website are the trademarks and property of their respective owners. Neither your use of the Website and Services nor this Agreement grant you any right, title or interest in or to, or any license to reproduce or otherwise use, The Latina Pro Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in The Latina Pro Marks generated as a result of your use of the Website and Services will inure to the benefit of The Latina Pro, and you agree to assign, and hereby do assign, all such goodwill to The Latina Pro. You shall not at any time, nor shall you assist others to, challenge The Latina Pro’s right, title, or interest in or to, or the validity of, The Latina Pro Marks.
c. Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation The Latina Pro logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by The Latina Pro or are the property of The Latina Pro’s licensors and suppliers. Except as explicitly provided, neither your use of the Website and Services nor this Agreement grant you any right, title or interest in or to any such materials.
d. DMCA Policy
As The Latina Pro asks others to respect The Latina Pro’s intellectual property rights, The Latina Pro respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want The Latina Pro to delete, edit, or disable the material in question, you must provide The Latina Pro with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Latina Pro to locate the material; (d) information reasonably sufficient to permit The Latina Pro to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to The Latina Pro’s Copyright Agent by contacting The Latina Pro via email at: firstname.lastname@example.org.
12. INDEMNFICATION BY YOU
13. GOVERNING LAW
14. DISPUTE RESOLUTION
If you have any questions or concerns, please feel free to reach out to us. We’re here to help and would like to work with you directly to resolve any issues or disputes that you may have. If we cannot resolve such dispute, you and The Latina Pro each agree that it will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.
15. BINDING ARBITRATION
If you and The Latina Pro are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by you or The Latina Pro. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami-Dade County, Florida. Except as otherwise provided herein, you and The Latina Pro may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
16. RESTRICTIONS AGAINST JOINDER OF CLAIMS
You and The Latina Pro agree that any arbitration shall be limited to each claim individually. YOU AND THE LATINA PRO HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR THE LATINA PRO’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then, to the full extent allowable under applicable law, (a) no arbitration shall be joined with any other arbitration, and (b) there is no right for any claim to be arbitrated on a class-action basis or to employ class action procedures, and (c) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER THE LATINA PRO NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE WEBSITE OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
21. CONTACT US
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at: The Latina Pro, Inc. c/o Annia Zavala 185 SW 7th St Unit 4201 Miami, FL 33131