Last Updated: June 7th, 2017
Latinos Together, 501(C)(3) (“Latinos Together” or “we”) provides immigration software, applications and other related immigration tools, general immigration information and attorney network partner services. These offerings are provided by Latinos Together through a web based application you download or access via your mobile, tablet, or desktop device (the “Application”) and at the Internet site Latinos Together (the “Site” and, together with any related software, tools and services provided in connection with the Application or Site, the “Latinos Together Service”).
Latinos Together, 501(C)(3) is not a law firm. The information and services presented are not legal advice and do not substitute the advice, guidance or recommendation that a licensed immigration attorney can provide. Latinos Together is not affiliated with USCIS or any other government agency or website. Latinos Together, 501(C)(3) is a private software company that offers self-help services at the user’s direction. If you are looking for blank USCIS forms, they are available for free at www.uscis.gov. Additionally, you may seek and obtain information regarding free, probono, or other low cost legal representation via a non-profit organization, legal aid foundation, or law firm.
Neither Latinos Together nor any of its employees provide any form of legal advice or legal service. Under no circumstance does the use of the Latinos Together website create an attorney-client relationship with Latinos Together. Unless otherwise agreed to, as a user of the Latinos Together website, you agree per the terms stated here, that you are representing yourself in any legal matter you undertake through the use or purchase of any of Latinos Together offered products and attorney network services. Latinos Together users are free to seek advice, counsel, or consult from any attorney of their choice at any time and without restriction. Legal questions or concerns specific to your unique immigration situation should be addressed, advised, consulted, or answered by a qualified attorney.
You acknowledge and agree that by registering for a Latinos Together account, downloading the application or any application upgrades, using the application on your mobile device, or accessing or using the Road To Status service, or by downloading, submitting or posting any content from, or on, or through the Latinos Together service, you are indicating that you have read, understand and agree to be bound by these terms or service. If you do not agree to these terms of service, then you have no right to access or use the Latinos Together Service or site content.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
“Attorney” means a law firm or attorney who is a part of the Latinos Together network but is not an entity or employee of Latinos Together.
“Content” means text, graphics, photos, music, software, audio, video, information or other materials.
“Corporate Member” means a Member that is a company or other legal entity, rather than an individual that is using the Site for the purpose of providing services for Members or Registered Clients.
“Limited Scope Agreement” means a separate contract between you and a Latinos Together network partner Attorney that Road To Status is not a party to.
“Member” means a person or entity who completes Latinos Together’s account registration process, as described under “Account Registration” below.
“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Latinos Together Service, including, without limitation, comments to the Latinos Together blog.
“Registered Client” means a person who accesses and uses the Site, in any manner, through invitation or registration by a Corporate Member.
“Latinos Together Content” means Content that Latinos Together makes available through the Site or Latinos Together Service, including any Content licensed to Latinos Together from a third party, but excluding Member Content.
“Site Content” means Latinos Together Content and Member Content.
Latinos Together reserves the right, at its sole discretion, to modify, discontinue or terminate the Latinos Together Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site or Application. By continuing to access or use the Latinos Together Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Latinos Together Service.
Certain portions of the Latinos Together Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. Latinos Together may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the Latinos Together Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the Latinos Together Service.
By accessing or using the Latinos Together Service you represent and warrant to Latinos Together that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to use the Latinos Together Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) and if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the Latinos Together Service and take full responsibility for the selection and use of and access to the Latinos Together Service. These Terms of Service are void where prohibited by law, and the right to access the Latinos Together Service is revoked in such jurisdictions.
In order to access the Latinos Together Service, you must register to create an account (“Account”) and become a Member. When registering with Latinos Together you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the Latinos Together Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Latinos Together Service (or any portion thereof).
You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the Latinos Together Service on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Latinos Together of any unauthorized use of your user ID or password or any other breach of security. Latinos Together cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
FEES & PAYMENT
Signing up for a Latinos Together account is free for Members who register as individuals or Corporate Members. The free use of various offerings within the Latinos Together Service, including but not limited to forms and applications and Latinos Together mobile are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). In the event you choose to upgrade to future paid services or to provide payment information to Latinos Together after being prompted to do so, you agree to the pricing, payment, and billing policies as set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for the Latinos Together Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of Latinos Together Service and/or any related transactions (except for taxes assessed on Latinos Together’s net income or personal property). In addition to any fees for your selected Latinos Together Service package, you are responsible for any charges incidental to using the applicable Service, for example, charges for internet access, data roaming, and other data transmission charges. Pricing for Latinos Together software and services do not include any government application fees “USCIS fees,” biometric, or filing fees. Any and all government application fees “USCIS fees”, biometric or filing fees are the responsibility of the user and must be paid separately and directly to USCIS at the time of filing by the user.
As stated on the Latinos Together website Latinos Together is not a law firm, but a portion of the money paid by you may be a fee for legal services. Latinos Together does not share in the fees you pay for legal services. Any fees collected for legal services that are facilitated by the Latinos Together website are directly transferred to the Attorney performing the legal services you purchased. The amount for all Services provided to you will be itemized and reflected on your payment receipt.
REFUNDS & SATISFACTION GUARANTEE
LIMITATIONS ON LATINOS TOGETHER SERVICES
You agree and acknowledge that Latinos Together is not responsible for any immigration application denial or rejection caused by your failure to properly file your application in a timely manner with USCIS. Be advised that USCIS updates its forms and instructions with or without advanced notice. As such, you acknowledge that Latinos Together cannot be held responsible for the timing of administrative and policy updates made by USCIS.
If for any reason, you intend to delay submitting your application to USCIS, it is your sole responsibility to check and confirm that the application and USCIS forms you have printed is are current and actively being accepted by USCIS before you file and mail your completed application.
You agree to print and file your application and forms ONLY on U.S. letter sized white 8.5 x 11 paper. NOTE: USCIS does not accept applications printed on any other size or color of paper.
It is your responsibility to confirm that the amount owed by you to USCIS for filing fees is accurate and correct at the time you decide to file. You can log in to your account at any time to check if your instructions, application, or form version is up to date. You can also visit www.uscis.gov to check or confirm up to date form versions.
Be advised that Latinos Together is not responsible for any rejection or denial of your immigration application or form by USCIS as a result of any underlying issue that may cause ineligibility for the desired immigration benefit.
You acknowledges that Latinos Together may establish limits on services and update, modify, or change, in whole or in part, any service at any time including but not limited to the Latinos Together website or application’s functionality, website content, hours of operation, or application packages.
You also acknowledges that any modifications, updates, or limitations on service will not be cause for a refund, in whole or in part. Additionally, Latinos Together shall not be liable to you or to any other third party for any modification, update suspension, discontinuance, or termination of Latinos Together service(s).
As stated on the Latinos Together website, Latinos Together is not a law firm. However, some of the Services the Latinos Together website facilitates include legal services performed by attorneys who partner with Latinos Together. The legal services facilitated by the Latinos Together website are limited to initial consultations and immigration application reviews. Any of the legal services you choose to purchase are solely performed by an immigration attorney and will be provided to you directly by a Latinos Together network partner immigration attorney (“Attorney”).
NOTE: If applicable, the terms of your agreement and the nature of your relationship with the Attorney providing you with legal services is governed by a separate Limited Scope Agreement furnished to you at the time of your purchase. This Limited Scope Agreement is between you and the attorney. Latinos Together is not a party to the Limited Scope Agreement. Representation of you by the Attorney will be limited to the services described in the Limited Scope Agreement, unless otherwise mutually agreed to in writing by you and the Attorney directly. These include but are not limited to:
Initial Consultations conducted by the Attorney under the Limited Scope Agreement include the following services and no more:
Attorney will review the facts you provided to the Attorney via the Latinos Together website.
Attorney will provide written feedback discussing your personal legal immigration options, based on the facts you provided via the Latinos Together website, when applicable.
Attorney will provide written feedback specific to your personal legal immigration options within two (2) business days.
Immigration Application Reviews conducted by the Attorney under the Limited Scope Agreement include the following services and no more:
Attorney will review the application you completed using the Latinos Together website and review your application to check for typographical errors, inconsistent or incorrect data, illogical entries, or internal conflicts in the application.
Attorney will confirm you are eligible for the immigration benefit you are seeking.
Attorney will correct omissions of critical information that Attorney identifies that may cause rejection by the government.
As stated above, on the Latinos Together website, and in (if applicable) the Limited Scope Agreement between you and the Attorney, initial consultations and immigration application reviews are limited and DO NOT INCLUDE certain services. The following limitations apply:
Attorney DOES NOT have to give more help than described in the Limited Scope Agreement.
Attorney DOES NOT HAVE TO HELP you with any other part of your immigration benefits application, case, or legal matter.
Attorney will RELY ENTIRELY ON YOUR DESCRIPTION OF THE FACTS provided to Attorney via the Latinos Together website about Your case. Beyond information that you provide, Attorney is NOT EXPECTED TO CONDUCT ANY ADDITIONAL INVESTIGATION into the facts of your case under this Limited Scope Agreement.
Attorney DOES NOT (and cannot) promise any specific outcome of your immigration benefits application, case, or legal matter.
Attorney DOES NOT agree to appear on your behalf before the United States Citizenship and Immigration Service (“USCIS”), the Board of Immigration Appeals (“BIA”), the Executive Office for Immigration Review (“EOIR”), the Department of Labor (“DOL”), the State Department, any United States Federal Court, your State’s Court(s), your local city or municipal court, or any other governmental agency, court, or administrative body in any legal proceeding.
Attorney DOES NOT agree to provide any legal advice or representation about how to respond to a Request for Evidence (“RFE”) from USCIS or any other governmental agency.
Attorney DOES NOT agree to conduct an independent investigation of the facts related to your application or petition for immigration benefits.
Attorney DOES NOT agree to counsel you regarding communications with third parties regarding your immigration status, such as communications with employers, law enforcement, lawyers or parties to family law or other court proceedings in which you may be involved, or the like.
LICENSE GRANTED BY LATINOS TOGETHER
Latinos Together Service. Latinos Together shall own and retain all right, title, and interest in and to the Latinos Together Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the Latinos Together Service or otherwise use the Latinos Together Service in any way that violates the use restrictions contained in these Terms of Service. Latinos Together does not grant to Member any license, express or implied, to the intellectual property of Latinos Together or its licensors. Member further acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Latinos Together Service is considered the confidential and proprietary information of Latinos Together (collectively “Latinos Together Confidential Information”).
Member Data. Subject to the section below labeled “Assignment of Certain Member Data”, Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to Latinos Together in connection with its use of the Latinos Together Service and (b) reports and other materials generated by the Latinos Together Service following such transmission (collectively, “Member Data”), provided, however, that Member hereby grants to Latinos Together a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member’s use of the Latinos Together Service solely for purposes of (x) maintaining and improving the Latinos Together Service and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member’s use of the Latinos Together Service compiled by Latinos Together solely for marketing purposes or distribution to third party research firms.
Assignment of Certain Member Data. Notwithstanding the foregoing, upon your submission of an expense report to a Corporate Member or any other Member, you hereby transfer all right, title, and interest in and to any transferred Member Data to the applicable Corporate Member or Member, provided, however, that such Corporate Member or Member hereby grants to you a worldwide, perpetual, royalty-free, non-exclusive license to maintain and utilize copies of such transferred Member Data (including any expense reports) for personal record keeping purposes.
Latinos Together Logos and Designs. Latinos Together’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Latinos Together in the U.S. and/or other countries. Latinos Together’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Latinos Together’s prior written permission.
Member Art. Member shall retain all right, title and interest in and to all of Member’s logos, promotional graphics and related marketing designs (collectively, the “Member Art”), provided, however, that Member hereby grants to Latinos Together a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member’s corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing Latinos Together’s products and services to third parties, subject to Member’s right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Latinos Together Service (“Feedback”). You may submit Feedback by emailing us or through the “Help” section of the Latinos Together Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of Latinos Together and you hereby irrevocably assign to Latinos Together and agree to irrevocably assign to Latinos Together all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Latinos Together’s request and expense, you will execute documents and take such further acts as Latinos Together may reasonably request to assist Latinos Together to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Use, display, mirror or frame the Latinos Together Service, or any individual element within the Latinos Together Service, Latinos Together’s name, any Latinos Together trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Latinos Together’s express written consent; Access, tamper with, or use non-public areas of the Latinos Together Service, Latinos Together’s computer systems, or the technical delivery systems of Latinos Together’s providers; Attempt to probe, scan, or test the vulnerability of any Latinos Together system or network or breach any security or authentication measures; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Latinos Together Service or staff member of Latinos Together. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Latinos Together or any of Latinos Together’s providers or any other third party (including another user) to protect the Latinos Together Service or Site Content; Attempt to access or search the Latinos Together Service or Site Content or download Site Content from the Latinos Together Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Latinos Together or other generally available third party web browsers; Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the Latinos Together Service to the mobile numbers of people you do not know); Use or disclose any Latinos Together Confidential Information, except as otherwise explicitly set forth herein; Use any meta tags or other hidden text or metadata utilizing a Latinos Together trademark, logo URL or product name without Latinos Together’s express written consent; Use the Latinos Together Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Latinos Together Service or Site Content to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Latinos Together Service or Site Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Latinos Together Service; Collect or store any personally identifiable information from the Latinos Together Service from other users of the Latinos Together Service without their express written permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual or entity to do any of the foregoing.
Latinos Together will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Latinos Together may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Latinos Together has no obligation to monitor your access to or use of the Latinos Together Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the Latinos Together Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Latinos Together Service, please notify Latinos Together’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Services; Information reasonably sufficient to permit Latinos Together to contact you, such as your address, telephone number, and email address; 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 law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Latinos Together’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent: Latinos Together, Inc. firstname.lastname@example.org
For clarity, only DMCA notices should go to the Latinos Together, Inc. Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Latinos Together via email@example.com
LINKS TO THIRD-PARTY WEBSITES
TERMINATION & ACCOUNT CANCELLATION
If you breach any of these Terms of Service, Latinos Together will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Latinos Together reserves the right to revoke your access to and use of the Latinos Together Service at any time, with or without cause. In the event Latinos Together terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time here, or by sending an email to firstname.lastname@example.org.
THE LATINOS TOGETHER SERVICE AND SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LATINOS TOGETHER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LATINOS TOGETHER MAKES NO WARRANTY THAT THE LATINOS TOGETHER SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LATINOS TOGETHER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, LATINOS TOGETHER SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE LATINOS TOGETHER SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE LATINOS TOGETHER SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LATINOS TOGETHER OR THROUGH THE LATINOS TOGETHER SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE LATINOS TOGETHER SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LATINOS TOGETHER SERVICE. YOU UNDERSTAND THAT LATINOS TOGETHER DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE LATINOS TOGETHER SERVICE, NOR DOES LATINOS TOGETHER MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE LATINOS TOGETHER SERVICE. LATINOS TOGETHER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE LATINOS TOGETHER SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE LATINOS TOGETHER SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE LATINOS TOGETHER SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LATINOS TOGETHER SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Latinos Together, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Latinos Together Service, or your violation of these Terms of Service, including breach of any representations or warranties herein.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE LATINOS TOGETHER SERVICE AND SITE CONTENT REMAINS WITH YOU. NEITHER LATINOS TOGETHER NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LATINOS TOGETHER SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, LATINOS TOGETHER SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR LATINOS TOGETHER SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF LATINOS TOGETHER SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE LATINOS TOGETHER SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LATINOS TOGETHER SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LATINOS TOGETHER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LATINOS TOGETHER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF LATINOS TOGETHER SERVICE OR FROM THE USE OF OR INABILITY TO USE THE LATINOS TOGETHER SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO LATINOS TOGETHER FOR USE OF THE LATINOS TOGETHER SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LATINOS TOGETHER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”): You acknowledge and agree that (i) these Terms of Service are concluded between you and Latinos Together only, and not Apple, and (ii) Latinos Together, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Latinos Together and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Latinos Together.
You and Latinos Together acknowledge that, as between Latinos Together and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Latinos Together acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Latinos Together and Apple, Latinos Together, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
You and Latinos Together acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
CONTROLLING LAW & JURISDICTION
You and Latinos Together agree to resolve any disputes or damage claim by arbitration. The arbitration proceeding shall be conducted in Chicago, Illinois, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Latinos Together. If the parties cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Illinois shall apply to the arbitration proceedings. The parties agree that the arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, which shall include, but not be limited to, the courts within Cook County, Illinois. YOU FURTHER AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
These Terms of Service constitute the entire and exclusive understanding and agreement between Latinos Together and you regarding the Latinos Together Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Latinos Together and you regarding the Latinos Together Service.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Latinos Together’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Latinos Together may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Latinos Together (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Latinos Together to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Latinos Together. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
CONTACTING LATINOS TOGETHER
If you have any questions about these Terms of Service, please contact us.