PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND ITS SERVICES. BY CONTINUING TO USE THIS SITE AND ITS SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to HispanicMarketAdvisors.com (the "Site"), which is operated by Hispanic Market Advisors® ("HMA" or "we" or "our"). Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject matter hereof ("Contract") between HMA and you or between HMA and your employer or a party for whom you perform services ("you and the party to any such Contract being a "Client"), by using this Site you agree to each of the terms of use set forth herein, including any additional terms and conditions applicable to specific areas or content on the Site ("Terms and Conditions").
HMA reserves the right to modify these Terms and Conditions at any time without notice to you. Your continued use of the Site after any such changes constitutes your agreement to follow and be bound by these Terms and Conditions as modified.
Use of Site and Content and Copyright
You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the "Content") solely for your or your organization’s internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by HMA in writing or expressly permitted in these Terms and Conditions.
The Site and all of the Content are protected by U.S. and/or international copyright laws and conventions, and belong to HMA. No right, title or interest in any Content is transferred to you.
You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.
Billing and Payment Service
We use PayPal as the payment processing company to bill users for use of Prepaid Hispanic Market Advisors Packages of Services. When you pay for one of HMA services, an email notification will be sent to the email listed as your account describing your purchased service along with the invoice and receipt.
Use of Email Account for Translations
You may not use another person’s email address to request an online translation
If you are a Client, you are responsible for keeping your account information confidential. You agree not to share your account information with any other individuals or to otherwise allow any other individuals to request Translation services through your account. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your email address.
Translation Online Services
Certain areas of the Site contain forms where visitors are permitted to post content for translation. If you elect to use such translation online services, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site ("User Content").
You may submit User Content so long as the content is not illegal, obscene, threatening, defamatory, libelous, and invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You hereby grant HMA a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at HMA’s discretion throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms and Conditions and will not cause injury to any person or entity. HMA takes no responsibility and assumes no liability for any User Content submitted by you or any third party. You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that User Content. HMA reserves the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.
Notwithstanding any language to the contrary in your Contract or any other agreement, by posting any User Content on this Site you expressly represent and warrant to us that any such User Content is not confidential or proprietary to you or Client, and your posting of such User Content does not violate any confidentiality or other obligations to which you are subject.
Licenses
Where Client is providing content, Client shall be responsible for obtaining all required licenses, permissions and/or approvals for use of such content. Client warrants and agrees that where it has provided content to HMA, it has full legal authority to use such content and/or has obtained the required licenses, permissions, and/or approvals and warrants that such content is not in violation of any third party’s copyright(s), trade or service marks or other intellectual property rights. Further, client assumes responsibility for the accuracy, spelling and truthfulness of all content it provides to HMA. All Client-provided content including all pre-existing trademarks and copyright material, shall remain the sole property of Client, and Client shall be the sole owner of all rights in connection therewith. Client hereby grants to HMA a nonexclusive, nontransferable license to use, reproduce, and modify the Client Content solely in connection with HMA’s performance of the services and the production of the deliverables.
Where HMA has agreed to develop a website, video, web, mobile or social media application, email template, etc., such deliverables may require the purchase or license of fonts, photographs, background music, video clips, APIs, plug-ins or other items from a third party. The cost of same is NOT included in the pricing set forth in your Service Agreement with HMA. Client may either purchase or license those items on their own or HMA may purchase/license them on Client’s behalf. If Client has not specified that it would like to license these items on their own, HMA will assume that it should license them and will invoice Client for same. Third party items that Client (or HMA on behalf of Client) licenses from a third party to be placed deliverables created by HMA for Client will not be owned by Client. Client should not use such content in other items, such as print materials or promotional items, or otherwise use such content inconsistent with the third party’s terms of licensing such use. Upon request, HMA will provide Client with a listing of third party content used in the deliverables and the source(s) of such content so that Client may review the licensing requirements associated with that content.
Scope Change
If Client requests additional work not included in the original scope of the Service Agreement, Client will be responsible for all additional charges. Scope changes include but are not limited to, additional design comps, additional rounds of revision, additional copyrighting/edits, additional video edits, changes to website/web application functionality, addition of plug-ins or other technical capabilities. If a Change Order form or amendment to the Service Agreement is not completed for the change in scope, Client’s emailed or verbal request for any work not included in the original scope of the Service Agreement will be deemed a change order request for which payment will be required. The pricing for the scope change will be the amount set forth in email or verbal communications between Client and HMA or in a Change Order form. If no amount has been specified, Client will be billed at the rate of $150/hour.
Third Party Providers
Client will be billed for all third party costs, including but not limited to domain name purchases and renewals, website hosting fees such as WP Engine or Godaddy, ESP (email service provider platforms) such as Mailchimp or Constant Contact, CMS (content management system) licenses such as WordPress, social media advertising platforms and call tracking and SMS messaging platforms. Some providers charge based on the volume of the number of email sends, posts, ads placed, calls made or messages sent. Client will be charged for any overages caused by Client’s exceeding a specified number of sends, posts, ads and the like.
Accuracy of Translation and Information on Site
The Content on the translated material results on HMA’s best efforts to translate the source content submitted to HMA at any given time. Furthermore, any information and opinion on the Site reflect HMA’s judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.
Deadlines
Client is responsible for meeting time deadline(s) associated with HMA’s performance of the deliverables which may include but are not limited to deadlines for providing content and/or approvals. HMA is not responsible for late deliverables resulting from Client’s failure to meet time deadlines specified by HMA. Client also understands that if it makes changes in scope, requests additional deliverables or requires revisions of work delivered beyond what was set forth in the Service Agreement during the course of a project, this will affect the deadlines originally set at the outset of the project and HMA will not be considered to have failed to meet the deadline set forth in the original Service Agreement for that project.
WARRANTIES DISCLAIMER
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS," AND HMA DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITE WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
LIMITATIONS ON LIABILITY
YOU AGREE THAT HMA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT OR USER CONTENT, WHETHER OR NOT HMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT HMA OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HMA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING HMA’S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT HMA’S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
Links and References
HMA may provide links to third-party content and other web sites and organizations on the Site. We do not endorse, sponsor, or accept any responsibility for such content and statistics. We are not responsible for the content or privacy practices of any linked sites.
Customer Service
If you have any questions, suggestions, reports of problems or complaints regarding any HMA Services, the purchase, delivery, or payment for Services, please contact Support@HispanicMarketAdvisors.com
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