Service Terms and Conditions (“Terms”)
Last Modified: August 17, 2017
Welcome to Latin é. These terms and conditions and all applicable service-specific terms (“Terms of Service” or “Agreement”) govern your access to and use of any websites, mobile sites, mobile applications, products or services offered by Latin é LLC. (“Latin é” “we” “us”) based on the plan you purchased (the “Services”), provided however www.Latin-e.com , LETNetworks.TV, and all other products and services made available to Latin é and users are not governed by these terms, but by the terms published at https://services.latin-e.com/terms/.
Wherever used in these Terms of Service, “you”, “your”, “Customer”, or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) 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.
We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion, including but not limited to the fees and charges associated with the use of the Services. If we do so, we will post the modified Terms of Service on services.latin-e.com or www.Latin-e.com (the “Site”), though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. If a change has a material adverse impact on you, and you have contracted and prepaid for a certain term, you may notify us within 30 days after being informed of that change that you do not agree with the change. If you do so, we will delay applying the change to you until your prepaid term ends, or, at our sole and absolute discretion, allow you to cancel your account, and we will refund any prepaid amount pro rata to you. If you use our Services after your prepaid term ends, all changes will apply to you. You are responsible for regularly reviewing the most current version of these Terms of Service, which are currently available at https://services.latin-e.com/terms/. When we change these Terms of Service, we will modify the “Last Modified” date above.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
This Contract for Services is made effective as of the Initial date of services purchased, by and between the Recipient also known as subscribers of services of and Latin é LLC (“Latin é”) of 3711 Community Dr, Forestville, Maryland 20747.
1. DESCRIPTION OF SERVICES. Beginning on the date of service purchased on the website, Latin é will provide to Recipient the services described based on their respective service descriptions located on the individual webpages, (collectively, the “Services”).
2. PAYMENT. Payment shall be made to Latin é LLC, Forestville, Maryland 20747.
Recipient agrees to pay Latin é as follows:
In accordance with chosen plan on the website via credit card. Payments will be reoccurring and automatically charged ever 30 days unless otherwise prescribed based on their subscription plan.
The recipient shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Recipient fails to pay for the Services when due, Latin é has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
3. TERM. This Contract will terminate automatically upon completion by Latin é of the Services required by this Contract.
4. WORK PRODUCT OWNERSHIP. All work performed to include copyrightable images, copies, videos and other forms of media, (collectively the “Work Product”) developed in whole or in part by Latin é in connection with the Services will be the exclusive property of Recipient. Upon request, Latin é will execute, within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of Recipient to the Work Product.
Any other copyrightable works, ideas, discoveries, inventions, patents, products, or other information developed in whole or in part by Latin é in connection with the Services will be the exclusive property of Latin é. Upon request, the Recipient will execute, within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of Latin é to the Work Product.
However, in the event, the client fails to make payment all copyrightable images, copies, videos and other forms of media remain the property of Latin é until the balance is paid in full.
5. CONFIDENTIALITY. Latin é, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Latin é, or divulge, disclose, or communicate in any manner, any information that is proprietary to Recipient. Latin é and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Recipient of these confidentiality obligations which allows Latin é to disclose Recipient’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
6. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
7. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
9. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
10. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
11. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Maryland.
12. NOTICE.For purposes of service messages and notices about the Services, we may place a banner notice across our pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Latin é account or services associated with us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You may provide legal notice to Latin é (dimelo @ latin-e.com) with a duplicate copy sent via registered mail to Latin é LLC 3711 Community Dr, Forestville, MD 20747 Attention: Legal Affairs. The email address provided may be updated as part of any update to these Terms of Service.
13. WAIVER OF CONTRACTUAL RIGHT. No waiver of any provision of this Agreement is binding unless it is in writing and signed by all parties to this Agreement, except that any provision which does not give rights or benefits to particular parties may be waived in writing, signed only by those parties who have rights under, or hold the benefit of, the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.
14. Nature of Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
15. ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal.
16. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
17. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
18. Service Cancellation. The Recipient may cancel their subscription anytime via their account login.
19. Service Continuation. The Recipient may continue their subscription anytime via their account login.
20. Refund. All sales are final and no refunds will be provided for work performed.
21. Links To Other Web Sites. Our Service may contain links to third-party web sites or services that are not owned or controlled by Latin é LLC. Latin é has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Latin é shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
22. Non-Exclusivity. You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Hootsuite’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.