LatinMBA.com TERMS AND CONDITIONS
By using or becoming a member of LatinMBA.com (the
“Site”), you indicate your agreement to be bound to these terms and
conditions. You understand and agree that LatinMBA may modify and/or
discontinue the Site and the services available to you without notice. We
encourage you to read the terms and conditions periodically as they may
change. By continuing to use the Site, after revisions of modification to
the terms and conditions are made, you agree to be bound by such future
revisions or modifications. These terms and conditions will remain in
force for LatinMBA.com or any of its successors, acquirers, merger
partners, etc. The terms and conditions are presented on the Site in
English, Spanish and Portuguese versions; however, the English version
will prevail in case of discrepancies. Please, read the following
carefully:
1. Copyright and Intellectual Property
The contents of the Site are the intellectual
property of LatinMBA.com or third parties and are protected by law,
including, but not limited to the United States and international
copyright and trademark law.
Users and
members of the Site are not granted any license, express or implied, or
right to use any of the copyrights, trademarks, services marks, or other
intellectual property. Violations may result in infringement of
intellectual property and contractual rights and could result in
substantial civil and criminal penalties.
2. LatinMBA.com
Responsibility
The Site is merely a venue for employers,
headhunters, MBA student and alumni, business opportunities
seekers/offerers, and others (collectively, the “Parties”) to communicate
and to contact each other. LatinMBA.com does not participate in any
transaction between the Parties. LatinMBA.com is not responsible for the
accuracy of the information exchanged between Parties through the Site or
outside the Site. LatinMBA.com takes no responsibility for any material
which is input or uploaded by the Parties. Parties acknowledge and agree
that Parties are solely responsible for the form, content, and accuracy of
any material, resume, job description, business opportunity or other
information that Parties may exchange through the Site or outside the
Site.
Users, members and/or Parties agree to defend, indemnify and
hold harmless LatinMBA.com (and LatinMBA.com’s agents and employees) for
all liabilities, claims and expenses (including accounting and attorney’s
fees) arising out of, or in connection with, (1) Users, members and/or
Parties’ use of the Site, and/or (2) Users, members and/or Parties’
violation of the terms and conditions and/or violation of any domestic or
international laws or regulations. LatinMBA.com reserves the right to
determine, in its sole discretion, what is a violation of the terms and
conditions.
Links to and from the Site are provided as Internet
navigation tools only. LatinMBA.com is not responsible for the content,
accuracy, or material of any other web sites that link to the Site, or any
other web sites to which the Site links. Contact with any third party web
sites is at your own risk.
Employers are solely responsible for
complying with all applicable federal, state and local laws, regulations,
and requirements governing the candidacy of applicants for employment
and/or conditions of their employment. LatinMBA.com is neither an
"employer," "employment agency," nor "labor organization" under applicable
law. LatinMBA.com is neither an agent, employee, employer, nor legal
representative of any employer, user, or applicant, or potential employer,
user, or applicant of the Site. LatinMBA.com is not liable for protection
of privacy of electronic mail or other information transferred through the
Internet or any other network provider that you may use.
LatinMBA.com does not
guarantee that (i) job seekers will find jobs, (ii) employers and
headhunters will hire and/or identify appropriate candidates, and (iii)
business opportunities seekers/offerers will achieve their goals.
3. Rules of Use
Users, members
and/or Parties may not use the Site in any manner which violates any
applicable domestic and/or international law, treaties, or regulation.
Users may not use the Site in order to transmit, distribute, store or
destroy material (i) in violation of any applicable law or regulation,
(ii) in a manner that will infringe the copyright, trademark, trade secret
or other intellectual property rights of others, or violate the privacy or
publicity or other personal rights of others, or (iii) that is defamatory,
obscene, threatening, or otherwise determined by LatinMBA.com to be
inappropriate.
Users, members and/or Parties agree not to make any
unauthorized commercial use of the Site. Attempting to, or helping another
to, reverse engineer, decompile, disassemble, decipher, or disfigure any
of the contents or software of the Site is prohibited. Users, members
and/or Parties declare that all the information which they enter into the
Site (through subscription, job postings, business opportunities postings,
etc.) will be true, correct and valid.
Should you decide to
submit, enter or transmit through use of the Site information or materials
of any kind, you agree and understand that such information and materials
may be accessed, used, copied, distributed and adapted by other users of
the Site. Any input or postings to the Site may not contain: (i)
copyrighted or other protected material or intellectual property that
infringes upon the rights of others, unless the user, member or Parties
own the material or protected property, or the user, member or Parties
have the owner's permission or a license to post or input the protected
material or property on the Site; (ii) material or other input that is
defamatory or libelous to any person or entity; (iii) material or other
input that violates, in any way, the rights of others, or that is
inaccurate, harassing, threatening, violent, offensive, abusive, obscene,
pornographic, profane, or false; (iv) any advertisements or commercial
solicitation, except for the user, member or Parties’
personal/business/professional information specifically allowed by these
terms and conditions or specifically allowed by LatinMBA.com on the Site.
LatinMBA.com reserves the right to monitor the usage of the Site by users,
members or Parties.
4. Suspension and Termination
Any
user, member or Parties’ that LatinMBA.com determines, in its sole
discretion, to have violated any provision of these terms and conditions
may be subject to such action which LatinMBA.com deems appropriate,
including, but not limited to, a written warning, suspension of service,
termination of service, and/or the institution of civil, criminal and/or
regulatory proceedings. The failure of LatinMBA.com to (i) notify any
violation of these terms and conditions, (ii) redress any particular
violation of these terms and conditions, or (iii) redress any particular
violation of these terms and conditions in a certain manner or time shall
not prejudice LatinMBA.com's full and subsequent recourse to any and all
of its rights hereunder.
5. Fees and Payment
All users,
members or Parties agree to pay all charges billed to them, including
applicable taxes, in accordance with billing terms in effect at the time
the fees or charges becomes payable. LatinMBA.com reserves the right to
change the amount of, or basis for determining, any fees or charges for
the services provided, and to institute new fees or charges, as it deems
appropriate. Users, members or Parties’ must provide LatinMBA.com with
valid and correct credit card information. All users, members or Parties’
rights to use the services provided are subject to any limits established
by LatinMBAc.om or by users, members or Parties’ credit card issuer. If
payment cannot be charged to the credit card or the charge is returned to
LatinMBA.com for any reason whatsoever, including chargeback, LatinMBA.com
reserves the right to, at any time, either suspend or terminate the users,
members or Parties’ access or modify or delete their uploaded
information/records, as well as seek civil or criminal redress as
LatinMBA.com deems appropriate.
6. Privacy Policy
Users, members or Parties who register in the Find
Jobs Section of the Site (“Registered MBAs”) will respond to the jobs
postings (if they wish to do so) but employers or headhunters will not
have access to the database of Registered MBAs.
Additionally,
LatinMBA.com will not allow access to the registration profile of users,
members or Parties who register or post jobs/business opportunities in the
Hire Professionals or Business Opportunities Sections of the Site.
Only when Registered MBAs decide to participate (and pay the
corresponding fee) in LatinMBA.com’s resume book (only applicable for MBA
students), employers or headhunters will have access to Registered MBAs’
resumes (but not Registered MBAs’ registration profile in the Site).
From time to time and when LatinMBA.com estimates that it could be
beneficial for their users, members or Parties, LatinMBA.com (on its own,
with or through third parties) may conduct advertising campaigns for
LatinMBA.com or third parties’ products and services. Advertising
campaigns may be carried out by regular/express mail, e-mail, etc. In
these cases, LatinMBA.com may provide registered users’ contact
information to third parties. However, the contact information will only
be provided on the aggregate and not on individual people/persons (for
example: we could provide the e-mail addresses of our members who live in
a particular country).
LatinMBA.com reserves the right to contact
users, members or Parties, including applicants, employers, headhunters
regarding the Site's current and/or future services. Users, members or
Parties assume all responsibility for maintaining the confidentiality of
their information and any password(s).
Users, members
or Parties assume all responsibility for unauthorized use of their own
information and passwords and agree to notify LatinMBA.com immediately of
any unauthorized use of their information and password(s). LatinMBA.com
may confirm the educational background entered by Registered MBAs with
universities, colleges, etc. Additionally, LatinMBA.com may share
Registered MBAs’ information with the respective universities, colleges,
etc.
7. Use by Minors
Use of this Site and/or
LatinMBA.com's services or facilities by minors is prohibited. The Site
and the Site's goods and services are available only to individuals who
can form legally binding contracts under applicable law.
8.
Disclaimer
You use the Site at your own
risk. In no event should the availability of information and
materials on the Site be construed as an indication that they have been
validated by LatinMBA.com.
You are responsible for making sure all
information and materials that you originate or require are properly
backed up so that you have ready access thereto in the event of loss,
corruption or interruption. Information and materials posted on, or
transmitted to, the web site are not warranted to be free of errors, other
deficiencies, or potential interruptions.
The material and content
of the Site are provided "as is" and "where is" and without warranties of
any kind either expressed or implied. LatinMBA.com disclaims, to the
fullest extent of the law, all warranties, express or implied, including
any warranty of merchantability, fitness for a particular purpose, and any
warranty of non-infringement.
LatinMBA.com
does not warrant that the functions and services of the web site will be
uninterrupted or error free, that defects will be corrected, or that this
web site or the server that makes it available are free of viruses or
other harmful components. LatinMBA.com is not responsible for the costs of
servicing, repair, or replacement of your property, including but not
limited to, hardware and data, arising out of, or in connection with, your
use of the web site. LatinMBA.com does not warrant or make any
representations regarding the use of or the result of the use of the
contents and material in this site in terms of its correctness, accuracy,
reliability, or otherwise. You (and not latinMBA.com nor latinMBA's
employees or agents) assume the risk of using this site, including any and
all (i) liability for damages, whether direct or indirect, actual,
consequential, or punitive, arising out of, or in connection with, the use
of the site, including but not limited to damages resulting from business
interruption or lost information and data, and (ii) costs of all necessary
servicing, repair or correction relating to use of this site.
9.
Governing Law and Notice of Claims
The validity
and effectiveness of these terms and conditions shall be governed by, and
its provisions shall be construed and enforced in accordance with, the
laws of the state of New York without regard to any conflicts of law
principles. Jurisdiction for any claims arising under these terms and
conditions shall lie exclusively with the state or federal courts within
New York, New York.
Any individual or entity, within, or outside
of, the territorial boundaries of the United States, must (i) notify
LatinMBA.com of any claims or complaints against or affecting LatinMBA.com
within 30 days from the date of the arising of the claim or complaint,
otherwise such claim or complaint shall be null and void as against
LatinMBA.com and (ii) notify LatinMBA.com of the intent to file any claim
or complaint 60 days before the claim or complaint is filed in any court
of law or equity, within, or outside or, the territorial boundaries of the
United States, otherwise such claim or complaint shall be null and void as
against LatinMBA.com.
The reach of the Internet is not limited to the United States. Therefore,
we make no claims that this Site may be lawfully accessed, viewed, or
downloaded outside of the United States. We are not responsible for the
consequences of use of this Site outside of the United States. WE TAKE NO
RESPONSIBILITY FOR, AND YOU ASSUME ALL RESPONSIBILITY FOR, COMPLYING WITH
ANY LAWS OR REGULATIONS OR INTERNATIONAL TREATIES OF YOUR JURISDICTION.
10. Additional Terms of Use
Certain areas of this Web Site
are governed by additional terms. Those additional terms shall apply in
full force and effect.
11. Assignment of Rights of Obligations
You may not assign or resell your rights or obligations under
these terms and conditions.
12. Integration and Severability
Any other agreements, whether oral or in writing, are superceded
by these terms and conditions and thus are null and void. If any provision
or clause of this agreement is found to be invalid by any court having
competent jurisdiction, the remaining terms and conditions are still valid
and apply in full force.
If you have additional questions, please contact us at Help@LatinMBA.com.
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