Terms and Conditions
Welcome to LatinoExecs, the service for corporations to connect with Latino exeecutives online operated by LatinoExecs.com, Inc. ("LatinoExecs") and located at (http://www.LatinoExecs.com). LatinoExecs enables employers to post jobs and search for, identify and reach out to top Latino executives ("Candidates") in the employment market for positions having an annual base salary of $100,000 or more.
1. Certain Definitions.The words "You," "User" or "Member" as used herein refer to all individuals and/or entities accessing or using LatinoExecs for any reason. The term "Your Content" as used herein shall mean any information that You submit, publish or display on LatinoExecs or on any other subdomain of LatinoExecs.com and all other such subdomains of LatinoExecs.com are collectively referred to herein as the "Website".
1. These Terms;
2. Your Order;
4. Any other document attached to or incorporated by reference to the Agreement.
(a) Job Postings. If set forth in your Order, You are permitted to post jobs with either i) a specific location set forth in the Order or ii) to any location, onto the Website at a quantity and pursuant to any terms set forth in your Order and this Agreement. Unless otherwise indicated in your Order, You have one year from the date of purchase to post your job and all posted jobs will remain on the Website for eight (8) weeks or until sooner removed by You or by LatinoExecs for good cause in accordance with Section 6 below. In the event of such early removal, there shall be no credit issued for unused time or unused posts. All jobs posted on the Website must be for a base annual compensation of $100,000 or more. LatinoExecs will not accept any multi-level marketing, franchise, or commission-only job listings. If there is a range for total compensation, the low must be at least $100,000. For commissioned positions, base salary must be at least $100,000. LatinoExecs will not accept any contract jobs that last less than one year. All jobs are subject to approval by LatinoExecs.
(b) Search License(s).
(i) If set forth on Your Order and subject to the terms and conditions of the Agreement, LatinoExecs grants to You and such other number of users as set forth on your Order, a limited, non-exclusive, non-transferable, non-sub-licensable, worldwide right the ("License") to access and use the LatinoExecs Resume database (the "Database") which includes and provides You and only You with access to search the Database for qualified candidates. The License granted herein shall last for the subscription period set forth on your Order. Unless otherwise set forth in your Order, You may view an unlimited number of resumes but You are only permitted to download 25 resumes per day. LatinoExecs shall approve all User profiles submitted for a License. Licenses shall be of a duration as set forth in the Order which duration shall begin upon date of payment or online submission or as otherwise set forth in the Order ("Start Date").
(ii) If set forth in Your Order, you may have access to certain enhanced features provided by LatinoExecs Enterprise. Such enhanced features may include a company profile page ("Company Profile"), usage reports, multi-user account management, batch feeds and features to aid in OFCCP compliance. Any such enhanced features are subject to the terms and conditions of the Agreement.
(iii) Only one individual may access LatinoExecs and the Services at the same time using the same email or password, unless LatinoExecs agrees otherwise. You agree to pay LatinoExecs a License fee for each user in an amount and under the terms set forth on the Order. If You wish to add additional named users subsequent to the Effective Date (defined herein) of this Agreement, the parties will mutually agree in writing on an additional License fee for such additional users. If it is determined that additional users other than those named in the Order are accessing the Resume Database, then LatinoExecs' at its sole discretion may bill You at the then prevailing price for such users; or may consider such unauthorized use a breach of this Agreement and may take action as set forth in Section 6.
(iv) You agree to use the License granted to You herein only for the purpose of seeking qualified candidates for available jobs openings. Acceptable communication with Member Candidates is restricted to contacting them about currently available jobs that You are attempting to fill. The Website may not be used to mine information from Member Candidates or collect their resumes for unspecified potential future positions. You may not send any communication to Member Candidates seeking to solicit any professional services (i.e., executive coaching), nor post any jobs on the Website for any competitor of LatinoExecs or post jobs or other content that contains links to any site competitive with LatinoExecs. You are prohibited from using the Resume Database to contact Member Candidates with regard to any home-based business opportunities, fee-based business opportunities or franchise opportunities.
5. Payment. Unless otherwise set forth in the Order, all amounts payable by Customer for the Services ("Fees") are due either immediately in full by credit card or within fourteen (14) days after delivery of LatinoExecs' invoice without deduction or setoff. Fees do not include any local sales tax, use tax, duties, GST, import fees, or other applicable government taxes. Customer shall be responsible for all such taxes. If the Fees are not paid when due, LatinoExecs, at its discretion, may assess a finance charge of 1% per month or the maximum rate permitted by law, whichever is less, and any collection charges it incurs on any unpaid Fees. In addition, failure to pay Fees when due may result in the discontinuance of the Customer's Services by LatinoExecs and Customer may be charged a fee for reactivation. If Customer requests credit, then Customer authorizes LatinoExecs to obtain information regarding Customer from trade and bank references, external credit reporting sources, consumer credit agencies and other credit sources as may be reasonably necessary.
7. Unauthorized Use. Unauthorized use of the Website and LatinoExecs' systems including but not limited to unauthorized entry into any of LatinoExecs systems, misuse of passwords or of any information posted to the Website, and any other use not in accordance with LatinoExecs' AUP is strictly prohibited
8. Disclaimer of Warranties.
All of the information and materials contained on the Website, including text, graphics, information, links or other items are provided on an "as is" and "as available" basis, without warranty of any kind, express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access. To the fullest extent permitted by applicable law, LatinoExecs makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website or any of the services or information provided therein, including without limitation, the LatinoExecs service, in terms of its availability, accuracy, adequacy, correctness, precision, timeliness, completeness, thoroughness, reliability or otherwise.
LatinoExecs expressly disclaims liability for errors or omissions in the information and materials contained therein, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
No warranty of any kind, whether implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, noninfringement, merchantability, fitness for a particular purpose and freedom from defect, computer virus or other error, is given in conjunction with any of the information, materials or services provided by LatinoExecs. We make no warranty that the Website or the services thereon will meet users' requirements.
9. Limitation Of Liability.The Website acts as a venue for employers/recruiters to post jobs and search for candidates, and for candidates to post resumes and search for jobs. LatinoExecs is not involved in the actual transaction between employers/recruiters and candidates. As a result LatinoExecs has no control over User Content, quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. LatinoExecs shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or seeking jobs on or through the Website. You acknowledge and agree that you are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Website.
Except as expressly provided in these Terms, in no event shall LatinoExecs, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Website, any information received from this Website, any email distributed to any User or Member from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if LatinoExecs, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall LatinoExecs, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the Website.
LATINOEXECS' MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT CUSTOMER HAS PAID TO LATINOEXECS UNDER THIS AGREEMENT.
10. Indemnification. You agree to defend, indemnify and hold harmless LatinoExecs, its parents, subsidiaries, affiliates, and their respective officers, employees and agents from any claim or demand including reasonable attorneys' fees and costs, made by any third party arising out of or related to i) your use of the Website, ii) your use of any content contained therein, iii) your Content or any information or material that You post to or transmit through the Website, iv) your violation of this Agreement, or v) infringement by You or another User using your computer or account, of any intellectual property or any other right of any person or entity. LatinoExecs shall provide notice to You promptly of any such claim, suit or proceeding, and LatinoExecs reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LatinoExecs' defense of such claim.
11. Intellectual Property.
A. LatinoExecs' Materials.You acknowledge and agree that LatinoExecs owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to the Website and all content provided by LatinoExecs on the Website, including without limitation, site design, text, graphics, and interfaces ("LatinoExecs Materials"). Any use of LatinoExecs Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of LatinoExecs is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy our website, LatinoExecs Materials or any third-party content available on the Website.
C. LatinoExecs' Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder. You may not make any public announcements, press releases, advertising, marketing, promotional or other materials (whether in print, electronically or otherwise) that display or use any name, mark, logo or brand of LatinoExecs.
D. Your Marks. You grant to LatinoExecs a limited non-exclusive, royalty-free revocable license to use your logo (a graphical image file of Your corporate trademark and/or logo that is provided by You to LatinoExecs) and associated trademarks ("Your Marks") for the sole purpose of displaying Your Marks on the LatinoExecs website in juxtaposition with or in relation to other content posted by You on the Website and for promotional or marketing material related to the Website or the services provided therein, including but not limited to, marketing materials to show that You are a partner of LatinoExecs. LatinoExecs shall obtain your written consent, which consent may be provided via e-mail, in advance of any such public use that is not made in relation to your other posted content or to otherwise effectuate the services provided herein. LatinoExecs acknowledges that it has no right, title or interest in the Marks other than the limited, non-assignable, non-transferable rights to use the Marks as contemplated hereby.
13. No Assignment Or Unauthorized Commercial Use. You agree that you shall not resell or assign your rights or obligations under this Agreement without prior written consent from LatinoExecs. You also agree not to make any unauthorized commercial use of the Website.
14. Availability Outside The U.S.LatinoExecs makes no claims that the Website may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
15. Governing Law.The Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within New York State.
16. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, LatinoExecs' failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect LatinoExecs' ability to enforce such term at any point in the future.