Content
- Acceptance of Website Policies
- User Registration on the Site
- LATIN Responsibility
- Contents and Copyright
- Contact
- Terms and Conditions
- Your uses of the Latin Sites
- Monitoring by Latin
- Materials Available on Latin Sites
- Link to Third Party Sites
- Functions of Social Networks and Third Party Sites
- International use; Export
- Copyright Notices
- Disclaimer of Warranties
- Limitation of Liability
- Compensation
- Dispute Resolution
- General Provisions
- Intellectual Property
- Privacy
- Third Party Software Notices and Licensing
- Promotions
- Disclaimer of Warranties
- Limitation of Liability
- Compensation
- Disputes, Arbitration and Applicable Law
- Arbitration Agreement
- Waiver of Class Action and Mass Action
- Conduct of Arbitration
- Choice of Applicable Law and Jurisdiction
- Notices
- Resignation
- Agreement Integrity
- Contact us
Acceptance of Website Policies
- These terms and conditions (hereinafter the “Terms and Conditions”) regulate the use and navigation of the LATIN SHOP LLC website. (hereinafter LATIN). To use the Website, Users must enter www.latinshop.net and any of its internal pages.
- The activity of users (hereinafter, the “Users”) within the Latin website (hereinafter the “Website”) will be governed by these Terms and Conditions. Any person who does not accept these Terms and Conditions, which are binding, must refrain from using the Website. By using the online services of the Website, Users declare that they have read, understood and accepted all the conditions established in these Terms and Conditions and the Policies enshrined in the “Policies” tab of the website.
- Web Users are understood to be the people who view, use, manage, edit, collaborate and/or subscribe to said web page.
- Latin refrains from stating that the Website is appropriate for other areas outside the United States of America and the Bolivarian Republic of Venezuela, as well as that the page is available in these. Those who access or use the Website from other jurisdictions do so of their own free will and are responsible for complying with applicable local laws.
- LATIN reserves the right to modify or interrupt the content of the Website, either permanently or temporarily, without prior notice and/or consent of the Users, at any time and at its sole discretion.
- LATIN reserves the right to modify the Terms and Conditions of the Website, in order to adapt them to new requirements in terms of legislation, jurisprudence, technique or any other reason that allows it to improve the content of the Website. For this reason, we advise you to periodically review these Terms and Conditions.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of XXX. Any controversy arising from this document will be submitted to the competent judges in accordance with XXX legislation, and both LATIN and the client expressly renounce any other jurisdiction that may apply to them due to their present or future domicile.
User Registration on the Site
- The acceptance of registration requests is an exclusive decision of LATIN, who at any time may determine the cancellation of the registration due to situations such as providing false information in the registry, the client being involved in criminal investigations and any act that violates and/or affect legal norms.
- Users who register in the forms provided on the LATIN website declare that the information they have provided is public in nature and corresponds to strictly commercial information that is not subject to any reservation.
- All information that Users provide at the time of registration in a Web form must be true, exact and complete. Users are solely and exclusively responsible for the information they provide through the use of the Website and for the consequences generated by any inaccuracy or falsity of the information provided. When Users provide their commercial data, these become part of a file, which defines the Users' profile.
LATIN Responsibility
- By entering the Site, Users expressly accept that the use of this website is carried out under their exclusive responsibility and risk. Neither LATIN nor its officers, directors, employees or representatives guarantee that use of the website will be uninterrupted or error-free.
- Under no circumstances will the officers, directors, employees or representatives of LATIN be liable for any direct, indirect, incidental, special or punitive damage that may be caused by:
- Damage of any nature to person or property arising from your access to the Website or its use;
- Any unauthorized access to our secure servers and/or any information stored on such server;
- Any interruption or cessation of transmission to or from the Website; and/or any “bug”, virus, trojan horse or similar viruses that could be transmitted by third parties from or to the Website.
- LATIN is not and will not be responsible for the content, privacy policies or terms of use of any website other than that of LATIN. LATIN will not be responsible for the online or offline conduct of any User of the Website.
- LATIN does not assume any responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, damage to communication lines, theft or destruction, unauthorized access to any User communication or its alteration, nor for human errors or deliberate actions of third parties that could interrupt or alter the normal development of the Website or cause damage to the Users' equipment or software.
- LATIN is not responsible for technical problems or malfunctions of the technical networks of telephone networks or lines, online computer systems, servers or providers, computer equipment, software, malfunctions of emails or players, derived from technical inconveniences or congestion in Internet traffic or in any of the contents of the Web or any combination thereof. The aforementioned inconveniences include damage or injuries to Users or to any person's computer related to or resulting from the participation or downloading of materials in relation to the contents of the Website.
- LATIN cannot guarantee and does not promise specific results as a result of the use of the contents of the Website, since problems may arise that are not under LATIN's sphere of control.
- Users agree to indemnify and hold harmless and free from damages LATIN, its subsidiaries, controllers, related companies of, and against any and all actions or lawsuits of liability, claim, complaint, penalty, interest, costs, expenses, fines, fees initiated by third parties due to or arising from any improper use of the Website.
Contents and Copyright
- The contents of the Website will include a description of the products, payment methods, passport benefits, location, services offered by LATIN and others (hereinafter the “Contents”).
- The Contents included among other texts, software, graphics, photos, sounds, music, interactive content and similar, as well as trademarks, service marks and logos are the property of LATIN or have been licensed to it, and are subject to to copyright or other intellectual property rights in accordance with XXX legislation, foreign legislation and international conventions. The Contents are provided in the state in which they are for informational purposes and for personal use only and may not be used, copied, modified or reproduced, distributed, transmitted, displayed, commercialized, subject to license or exploited in any other way or with any other purpose without the prior written consent of LATIN.
- Users agree not to use, copy or distribute the Contents unless expressly authorized, including the use, copy or distribution of third-party material obtained through the Website. If Users download or print a copy of the Contents for their personal use, they must retain all copyright and other proprietary notices contained therein.
- The offer of products published through the Website is subject to the availability of stock at the time of purchases, as well as the validity established by LATIN for them. Product photos are for reference only. The products, their characteristics, technical specifications, prices, availability, and offers contained on this Website may vary without prior notice.
Contact
AIf you have any questions, complaints or comments, you can contact us by entering https://latinshop.net/index.php/contactanos-309/
Terms and Conditions
Last updated February 2024
Please review these Terms of Use carefully.
IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION CLAUSE WHICH, AS STATED BELOW IN SECTION 17 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND LATIN WAIVE THE ABILITY TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
- Introduction
These Terms of Use govern your access to and use of all Latin Sites, among other things. By using the Latin Sites, you represent that you are of legal age to accept these Terms of Use, or, if you are not of legal age, that you have obtained your parent or guardian's consent to accept these Terms of Use and that your parent or guardian consents these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access and use of the Latin Sites is unauthorized. Those terms and conditions can be found where the relevant service is offered on the Latin Sites or otherwise, and are incorporated into these Terms of Use by reference.
DEFINED TERMS:
In these Terms of Use:
When we say "Latin," we mean Latin Shop LLC., and any subsidiary of Latin (including any subsidiary that Latin may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to Latin as "we", "us" and "our". But when we say "Latin Entities", we mean Latin; its suppliers, vendors, contractors and licensors.
When we say "Latin Sites", we mean www.latinshop.net, present and/or future Latin applications, and all related functionality, services and content offered by or for Latin on or through www.latinshop.net and Latin applications or the systems, servers and networks used to make the Latin Sites available.
When we say "Latin Apps", we are referring to the current and/or future official "Latin App" for iPhone and Android, which can/will be downloadable from the iTunes App Store or the Google Play Store.
When we say "you" or "your" we mean any user (like you!) of any Latin Site and any person who is aware of these Terms of Use.
When we say "Terms of Use," we mean these Terms of Use and all other terms and policies posted by Latin on the Latin Sites (and any updates by Latin to these Terms of Use and those terms and policies).
Some other key terms used in these Terms of Use:
When we say "make available", we mean post, transmit, publish, upload, distribute, transmit, display, provide or otherwise make available (including through any part of the Latin Sites operated by social media platforms from third parties (for example, Facebook or Instagram) that allow interaction with the Latin Sites through the tools offered by such social media platforms).
When we say "Materials," we mean content that Latin Entities make available on or through the Latin Sites.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY: While there are important points throughout these Terms of Use, please note Latin's disclaimers of warranties and limitations of liability explained in Sections 18 and 19, respectively.
UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Latin Sites. Such changes will not apply to any dispute between you and us that arises before the date on which we post revised Terms of Use incorporating such changes or otherwise notify you of such changes. You agree that it is your responsibility to regularly check www.latinshop.net for any updated Terms of Use. Additionally, by continuing to use or access any of the Latin Sites or otherwise interact with Latin after we post any changes, you agree to the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.
Your uses of the Latin Sites
You certify that the Content you provide on or through the Latin Sites is accurate and that the information you provide on or through the Latin Sites is complete.
You are solely responsible for maintaining the confidentiality and security of your account, including your username, password and PIN. Latin is not responsible for any loss arising from unauthorized use of your account. You agree that Latin has no responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card or other payment method will continue to govern your use of such payment method on the Latin Sites. You agree that Latin is not a party to such agreement, nor is Latin responsible for the content, accuracy or availability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as provided by law, at any time and without notice, we may (1) change, restrict access to, suspend or discontinue the Latin Sites or any part of the Latin Sites, and (2) charge, modify or waive any fees required to use any service, functionality or other content available through the Latin Sites or any portion of the Latin Sites.
In connection with the Latin Sites, do not:
- Make available any content through or in connection with the Latin Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
- Make available through or in connection with the Latin Sites any virus, worm, Trojan horse, time bomb, spyware or other computer code, file or program that is or may be harmful or invasive or intended to harm or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Latin Sites for any commercial purpose, or for any fraudulent or otherwise unlawful purpose.
- Collect or collect information about users of the Latin Sites.
- Interfere with or disrupt the operation of the Latin Sites or the systems, servers or networks used to make the Latin Sites available, including by hacking or defacing any portion of the Latin Sites; or violate any requirements, procedures or policies of such servers or networks.
- Restrict or inhibit any other person from using the Latin Sites.
- Reproduce, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, distribute or otherwise exploit any portion of (or any use of) the deLatin Sites, except as expressly authorized in these Terms of Use. Use, without the express prior written consent of Latin.
- Disassemble, decompile or disassemble any part of the Latin Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notices from the Latin Sites.
- Frame or mirror any part of the Latin Sites, or otherwise incorporate any part of the Latin Sites into any product or service, unless you obtain Latin's express prior written consent to do so.
- Systematically download and store any Material.
- Use any robot, spider, site search/retrieval application, or any manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise collect any Materials, or reproduce or circumvent the navigational structure or presentation of the Latin Sites, without the express prior written consent of Latin.
- Cause harm to any person or entity.
- Violate any law, rule or regulation, or these Terms of Use.
- You will not use the Latin Sites or the Latin name, logo or mark to (1) send any unsolicited or unauthorized Content, including advertisements, promotional materials, junk email, spam or any other form of solicitation; or (2) use metadata or other hidden text or metadata utilizing a Latin trademark, logo, URL, or product name without Latin's written consent.
- You will not attempt to do anything, or allow, encourage, assist or permit any third party to do anything, prohibited in this Section, or attempt, allow, encourage, assist or permit any other violation of these Terms of Use.
Monitoring by Latin
Latin will have the right (but not the obligation), in our sole discretion, to monitor, evaluate and analyze content, and any use of and access to the Latin Sites, including to determine compliance with these Terms of Use and any other operating rules. that I can establish Latin from time to time. Latin will also have the right (but not the obligation), in our sole discretion, to edit, move, remove or refuse to make available any content made available through the Latin Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any content that you make available, and you agree to indemnify Latin for all claims resulting from any content that you make available.
Materials Available on Latin Sites
Latin and its suppliers and licensors may make various materials available. The materials are for educational and informational purposes only, and errors may appear from time to time. Before acting on any material, you should confirm any facts that are important to your decision. The Latin Entities make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any materials. If you find an error or notice something that doesn't seem right on the Latin Sites, we would appreciate it if you let us know by contacting us at https://latinshop.net/index.php/contactanos-309/ (Your opinion is a big part of which helps Latin improve to help you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, OR OTHER PRODUCTS ARE INTENDED TO REPLACE THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY OF THEM IS SAFE OR EFFECTIVE FOR YOU. CONSULT PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) ON DOSAGE, PRECAUTIONS, WARNINGS AND INTERACTIONS, AND YOUR PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY OF THEM.
Links to Third Party Sites
Latin may provide links to third party websites as a courtesy to users who may find information of interest. Latin has no control over the content or operation of such third-party websites, and Latin assumes no responsibility for any problems that may arise from their use. Furthermore, links do not imply endorsement by Latin of the linked websites, and Latin is not responsible for the contents of such linked websites or any links they contain. The Latin Entities are not responsible for the quality or delivery of any products or services offered, promoted, sold or endorsed by third parties on linked websites.
Functions of Social Networks and Third Party Sites.
The Latin Entities may allow you to interact with certain third-party websites and social networks (for example, allowing you to connect your Latin account with your Facebook account or allowing you to share content from the Latin Sites through your social media accounts). By using these features, you agree to comply with the applicable third party policies and the third party's terms of service and privacy. If you choose to share information through social media features and third-party websites, your information may be subject to the privacy policies and other terms of use of those third parties. Latin does not control and is not responsible for the collection of personal information by third parties, nor for the manner in which such third parties use or manage your personal information. Please remember that your use of social media and third-party websites may be subject to their terms of use and privacy policies, and you should review such terms and policies before using the social media and third-party website features on the Latin Sites. .
International use; Export
The Latin Sites are controlled and operated from XXX and are not designed or intended for use outside of XXX. We make no representation that the Latin Sites are available or appropriate for use in other locations. Access to the Latin Sites from territories where their content is prohibited by law is prohibited. If you decide to access the Latin Sites from a location outside of XXX, you do so on your own initiative and are responsible for compliance with local laws.
Copyright Notices
We respect the intellectual property rights of others and require that users of the Latin Sites do the same.
Disclaimer of Warranties
THE LATIN SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE LATIN ENTITIES DO NOT WARRANT THAT THE LATIN SITES WILL BE AVAILABLE WITHOUT INTERRUPTION, OR THAT THE LATIN SITES WILL BE ERROR-FREE, OR THAT DEFECTS IN THE LATIN SITES WILL BE CORRECTED. THE LATIN ENTITIES DO NOT WARRANT THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE MATERIALS AVAILABLE ON THE LATIN SITES, AND THE LATIN ENTITIES DO NOT WARRANT THAT USE OF THE LATIN SITES WILL PROVIDE SPECIFIC RESULTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LATIN OR THROUGH THE LATIN SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LATIN ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF ASSETS, LOSS OF REPUTATION, BUSINESS FAILURE, OR PROPERTY DAMAGE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM MADE BY ANY THIRD PARTY. THE ENTIRE LIABILITY OF THE LATIN ENTITIES AND YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM UNDER THESE TERMS OF USE OR IN CONNECTION WITH YOUR USE OF THE LATIN SITES WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE LATIN SITES. LATIN SITES IN THE YEAR PRIOR TO THE CLAIM ARISING.
Compensation
You agree to indemnify, defend and hold harmless the Latin Entities, their respective officers, directors, employees and agents (collectively, "Indemnified Parties") from and against any and all claims, liabilities, expenses and costs (including, but not limited to, fees of attorneys) related to: (1) your use of the Latin Sites, including the Content and Ideas that you make available on or through the Latin Sites; (2) your violation of these Terms of Use; and (3) your violation of any law or the rights of any third party.
Dispute Resolution
These Terms of Use are governed by the laws of the State of XXX, without giving effect to any principles of conflicts of laws that might provide the application of the law of another state. Any dispute between you and Latin arising out of or relating to these Terms of Use or the use of the Latin Sites must be resolved in the state or federal courts located in XXX County, XXX. Except as prohibited by applicable law, any claim or cause of action arising out of or related to your use of the Latin Sites or these Terms of Use must be filed within one (1) year after the claim or cause of action arises. action. Otherwise, such claim or cause of action will be deemed irrevocably waived.
General Provisions
These Terms of Use constitute the entire agreement between you and Latin with respect to the use of the Latin Sites and supersede any prior agreements between you and Latin relating to the same subject matter. If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. Any waiver of any term or condition of these Terms of Use shall not be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to exercise or enforce any right or provision in these Terms of Use . shall not constitute a waiver of such right or provision. Headings are used for convenience only and shall have no legal or contractual effect. These Terms of Use, and any rights or licenses granted under these Terms of Use, may not be transferred or assigned by you without the prior written consent of Latin. Latin may transfer, assign or delegate these Terms of Use and its rights and obligations under these Terms of Use without restriction. The terms "including" and "including" shall be construed as including and not limiting. No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is created or intended to be created by these Terms of Use. These Terms of Use do not confer rights on any third party beneficiaries.
All rights not expressly granted in these Terms of Use are reserved by Latin.
If you have any questions about these Terms of Use, please contact us at:
XXX
Intellectual Property
The Latin Sites and all materials, as well as all copyrights, trademarks, trade dress and other intellectual property rights therein (collectively, the "IP") are owned or controlled by or licensed to Latin, and are protected by United States and international copyright, trademark and other intellectual property laws. The materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for as long as Latin permits you to use the Latin Sites, you may access, view, download and print the materials for your personal, non-commercial use only; provided that (1) you retain all copyright, trademark or other proprietary rights designations contained in all materials; (2) do not modify or alter the materials in any way; and (3) do not provide or make available to third parties the materials on a commercial basis. Additionally, subject to your compliance with these Terms of Use, and solely for as long as Latin permits you to use the Latin Applications, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Latin Applications in a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease use of the Latin Applications and delete (i.e., uninstall and delete) the Latin Applications from your mobile device.
No license, right, title or interest in the Latin Sites or any materials is transferred to you as a result of your use of the Latin Sites or your access, viewing, downloading or printing of the materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any way, in whole or in part, in any of the materials or the Latin Sites. The Latin Sites and materials may only be used as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the Latin Sites and the materials, is strictly prohibited. The compilation (meaning the collection, arrangement and compilation) of the Latin Sites and the materials is the exclusive property of Latin and is also protected by United States and international copyright laws.
LATIN, LATIN SHOP, the WWW.LATINSHOP.NET names and logos, and all other graphics, logos, page headers, button icons, scripts and service names included on or made available through any of the Sites de Lartin are trademarks or trade dress of Latin in the United States and other countries. All other trademarks are the property of their respective companies.
Privacy
You acknowledge that any personal information you provide through the Latin Sites will be used by Latrin in accordance with Latin's Privacy Policy, which may be updated by Latin from time to time. If you purchase an item on ww.latinshop.net sold by Latin, Latin may share certain information with that supplier to allow them to fulfill and ship your order, process returns, and provide customer service.
You authorize your wireless carrier to disclose to Latin and its third party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers ( IMSI and IMEI) and other subscriber and device status details, if available, solely to verify your identity and prevent fraud during the business relationship. Please see the Privacy Policy to learn how Latin treats your data.
Third Party Software Notices and Licensing
The Latin Sites may include certain third party technologies and open source materials (collectively, "Third Party Technology"). Your use of such Third Party Technology is subject to these Terms of Use, as well as the applicable terms and conditions of such third parties, all of which are incorporated into these Terms of Use by reference.
Promotions
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, "Promotions") available through the Latin Sites may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any Promotion, please review the applicable rules, as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms of Use, the rules of the Promotion will control.
Disclaimer of Warranties
THE LATIN SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY AND OTHER ITEMS INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE LATIN SITES, ARE PROVIDED BY LATIN ON AN "AS IS" AND "AS AVAILABLE" BASIS. . NO LATIN ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THE LATIN SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY OR OTHER ITEMS INCLUDED OR MADE AVAILABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LATIN ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE LATIN ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE LATIN SITES IS AT YOUR SOLE RISK. THIS SECTION 18 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM SOLD BY LATIN. THIS WAIVER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE LATIN SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE LATIN SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR ACCESSED. BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO LATIN ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIAL YOU ACCESS OR DOWNLOAD FROM THE LATIN SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LATIN ENTITIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERS, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY NATURE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A LATIN ENTITY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGE OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION , LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK INTERRUPTION, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM BLACKOUT, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, ALTERATION, LOSS OF USE OF ANY RECORDS OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO LATIN ENTITY SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE LATIN SITES DURING THE SIX (6) PERIOD. MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM ARISED.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO LATIN ENTITY SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY SELLER, BUYER OR OTHER USER OF THE LATIN SITES.
Compensation
You agree to defend (at Latin's option), indemnify and hold harmless the Latin Entities from and against any and all liabilities, claims, damages, costs and expenses, including attorneys' fees and costs, arising out of or related to with your misuse of the Latin Sites or any breach by you of these Terms of Use. Latin reserves the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification for your part and, in any case, you agree to cooperate with Latin if requested by Latin in the defense and settlement of said matter.
Disputes, Arbitration and Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Arbitration Agreement
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LATIN, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY LATIN OR LATIN ENTITIES, WHETHER BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR RATHER THAN IN A COURT BEFORE A JUDGE OR JURY . EXCEPT AS OTHERWISE STATED IN THESE TERMS OF USE, YOU AND LATIN AGREE THAT EACH WAIVES THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.
Waiver of Class Action and Mass Action
YOU AND LATIN AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. You and Latin agree to waive the right to have any dispute or claim subject to the Arbitration Agreement be brought, heard, administered, resolved or arbitrated as a class arbitration, class action, collective action or Mass Action to the fullest extent permitted by law . "Mass Action" means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) Arbitration Claims with common questions of law or fact against Latin within 180 days after the initiation of your Demand for Arbitration. This paragraph may be referred to as the "Class Action and Mass Action Waiver" in these Terms of Use. Nothing in these Terms of Use prevents you from bringing issues to the attention of federal, state or local government agencies and, if applicable law permits, such agencies may pursue a remedy against Latin for you.
Conduct of Arbitration
In any arbitration of a dispute or claim subject to the Arbitration Agreement:
You or Latin may file dispositive motions as permitted under the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until such motion is decided.
The parties will have the right to make discovery proportionate to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or cost of the proposed discovery exceeds its probable benefit. Proportionality will be decided by the arbitrator when requested by any of the parties.
The arbitrator will conduct any call, conference or hearing by teleconference or video conference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and a Latin employee must attend all arbitrator calls, conferences and hearings.
A party may make a written offer of judgment at least seven (7) days before the scheduled arbitration hearing date.
If the arbitrator finds that a party's claim, counterclaim, or appeal was frivolous, made in bad faith, or pursued for the purpose of harassment, the arbitrator will award the opposing party its attorneys' fees, costs and expenses, and all amounts collected. by the AAA for arbitration.
The arbitrator will follow these Terms of Use and the law. The arbitrator shall have no authority to make errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party's claim. The arbitrator may not grant relief for or against any non-party, although individual relief granted by the arbitrator may incidentally affect third parties.
You or Latin may appeal an arbitration award that manifestly disregards the law by submitting a notice of appeal to the AAA within 30 days after the award is issued and delivered to the parties. The appeal will be heard by a single arbitrator unless the parties agree to a panel of multiple appeal arbitrators. The arbitrator(s) assigned to the appeal will be selected by agreement of the parties from among those on the AAA Appeal Panel. If the parties cannot agree, the AAA will appoint the arbitrator(s) from among those on the AAA Appeal Panel. An arbitrator who has previously presided over any aspect of a case will not be eligible to serve as an appeal arbitrator in that same case. The appeal, including summary, will be conducted in accordance with the agreement of the parties or the orders of the appeal arbitrator if the parties cannot agree.
Choice of Applicable Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of the State of XXX, without regard to its conflict of law principles that would make the laws of another state or jurisdiction applicable. Except for the application of the Arbitration Agreement, which is governed by the Federal Arbitration Act, XXX law shall apply in the interpretation and enforcement of these Terms of Use. If any provision of these Terms of Use is declared illegal, void or for any unenforceable reason, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of that provision or any other provision. The parties agree that the state and federal courts of XXX will have exclusive jurisdiction to resolve any controversy or claim arising out of or related to these Terms of Use or their interpretation, application, breach or formation, without regard to the conflict of laws rules of XXX.
Notices
All notices required or permitted under these Terms of Use will be in writing and will be deemed given to the parties: (i) on the next business day after posting, if sent by first class mail; (ii) the same business day if sent by overnight delivery service or the next business day if sent by overnight delivery service; or (iii) on the date of dispatch if sent by fax or email.
Resignation
No waiver by a party of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of that term or condition or any other term or condition, and the failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.
Agreement Integrity
These Terms of Use constitute the entire and exclusive agreement between you and Latin with respect to the use of the Latin Sites, and supersede and cancel all prior understandings, whether written or oral, between you and Latin with respect to the Latin Sites. .
Contact us
The Latin Sites are operated by Latin. If you have any questions about these Terms of Use, you can contact us by email at atencion@latinshop.net.