LATINO RESOURCES BILINGUAL NETWORK AGENCY MEMBER AGREEMENT
BY COMPLETING THE REGISTRATION PROCESS, PAYING YOUR ANNUAL MEMBERSHIP FEE, AND CLICKING THE “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS” BUTTON, YOU ARE INDICATING YOUR CONSENT TO EVERYTHING IN THIS AGREEMENT. READ IT CAREFULLY!
If there is anything you do not understand, write to firstname.lastname@example.org for an explanation.
This agreement is the only agreement between Latino Resources and Members of the Latino Resources Bilingual Network Agency (“Member”). We reserve the right to change this agreement at any time. If we do, we will indicate that on our website home page, and by logging into the Latino Resources Professional Business Directory after that, you agree to the new terms.
===Informal Rules of Usage===
There are several informal rules of usage at the database:
1–You may not misrepresent yourself or your firm.
2–Projects for Translators/Interpreters should be specified in detail. The more detailed a project description, the higher the chances of connecting to the best suited Translator/Interpreter independent contractor with the experience to execute the job appropriately.
3–Professional Translators/Interpreters must strive to do their best work. As independent contractors you are solely responsible for the quality of your work and adherence to deadlines. As a Member of the Bilingual Network you are responsible for negotiating the terms of payment for your Translator/Interpreter services. Please ensure that you have an independent contractor’s service agreement that specifically states your terms for contracted services and fees.
4–Inform Latino Resources if you suspect another Member of the Bilingual Network is utilizing the Latino Resources Professional Business Directory in an inappropriate manner.
Those are the informal rules. As caretakers of the Latino Resources Bilingual Network Agency database, we will do all we practically can to see that they are followed. We exercise the right to revoke a Member’s membership if we discover our rules have been violated. However, we can’t actually guarantee that they will be followed. Use the Latino Resources Bilingual Network Agency database at your own risk, and exercise all the caution you would when working with people offline or elsewhere on the Internet.
As for work to be performed by Members of the Latino Resources Bilingual Network Agency who are categorized as Professional Translators/Interpreters, we make absolutely no claims as to the quality or timeliness of their work. The Latino Resources Bilingual Network Agency is a database system that connects Spanish/English bilingual professional translators/interpreters to businesses, organizations, educational institutions and government agencies seeking said services.
We will not give any of your personal information to anyone, now or ever, unless a court order or some other legal authority requires to us. However, we may ask you if you would like us to give some of your personal information to someone (like another Member). We will only share your information when you specifically give us permission to do so.
Our service is available only to individuals or companies who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use Latino Resources.
===Latino Resources is Only a Venue===
We’ll say it again. Latino Resources is only a venue. We are not involved in the actual transaction between Members and Professional Translators/Interpreters. As a result, we have no control over the quality or legality of the services, the truth or accuracy of information posted in the Latino Resources Professional Business Directory, the ability of service providers to perform services as represented or of service consumers to properly evaluate finished services. We cannot and do not control whether or not the parties to a transaction will perform as agreed. In addition, note that there are risks of dealing with foreign nationals who may not fall under the laws of your area, minors, and people acting under false pretense. Because user authentication on the Internet is difficult, Latino Resources cannot and does not confirm that each Member is who they claim to be; however, we use our best efforts, within our limited resources, to confirm a translator/interpreter’s credentials.
It is up to you to communicate directly with another Member of the Latino Resources Bilingual Network Agency with whom you are considering entering into a contract or obtaining services. Ask for any information you feel you may need to evaluate his or her trustworthiness and ability.
Because we do not and cannot be involved in Member-to-Member dealings, in the event that you have a dispute with one or more Members, you release Latino Resources (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Sec. 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Some people may post information that is offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution–and common sense–when using the Latino Resources Bilingual Network Agency.
=== Member account, password, and security ===
Once you become a registered Member of the Latino Resources Bilingual Network Agency Database, you will create a log in account with your username and password for your listing in the Latino Resources Professional Directory. You are entirely responsible for your own account if you do not maintain the confidentiality of your username, password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may recover your user name or password at any time by following instructions; however, you may not open up additional accounts under alternative names.
If you believe someone else has had access to or is using your password or username, you absolutely must tell us.
=== Message and file storage and other limitations ===
We assume no responsibility for the deletion or failure to store files, messages, job postings, bids, or any other form of communication made using the Database.
=== Member Conduct ===
Your use of the Latino Resources Bilingual Network Agency Database is subject to all applicable local, state, national and international laws and regulations. You must agree (1) to comply with US law regarding the transmission of technical data exported from the United States through the Latino Resources Bilingual Network Agency Database, (2) not to use the Latino Resources Bilingual Network Agency Database for illegal purposes, (3) not to interfere or disrupt networks connected to the Latino Resources Bilingual Network Agency Database; and (4) to comply with all regulations, policies and procedures of networks connected to the Latino Resources Bilingual Network Agency Database.
Without limiting any other remedies, Latino Resources may terminate your account if you are found (by conviction, settlement, insurance, investigation, or otherwise) to have engaged in fraudulent activity in connection with our Latino Resources Bilingual Network Agency Database. Member agrees not to transmit through the Latino Resources Bilingual Network Agency Database any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to our computer systems are prohibited.
Member shall not interfere with another Member’s use and enjoyment of the Latino Resources Bilingual Network Agency Database or another Member’s use and enjoyment of similar services.
Latino Resources may, at its sole discretion, immediately terminate a Member’s account if his or her conduct fails to conform to the terms and conditions of this agreement.
=== System integrity ===
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Latino Resources Bilingual Network Agency’s Database. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
=== Disclaimer of Warranties ===
MEMBER EXPRESSLY AGREES THAT USE OF THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE IS AT MEMBER’S SOLE RISK. THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LATINO RESOURCES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LATINO RESOURCES MAKES NO WARRANTY THAT THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE WILL MEET YOUR REQUIREMENTS, OR THAT THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LATINO RESOURCES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
LATINO RESOURCES MAKES NO WARRANTY REGARDING ANY GOODS OR DATABASES PURCHASED OR OBTAINED THROUGH THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE.
NO MEMBERSHIP FEE PAID TO LATINO RESOURCES AND ANY ADVICE OR INFORMATION; WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM LATINO RESOURCES OR THROUGH THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT NOT ALLOWED BY THE JURISDICTION IN WHICH YOU RESIDE.
=== Limitation of Liability ===
LATINO RESOURCES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND DATABASES OR RESULTING FROM ANY GOODS OR DATABASES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE LATINO RESOURCES BILINGUAL NETWORK AGENCY DATABASE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF LATINO RESOURCES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT NOT ALLOWED BY THE JURISDICTION IN WHICH YOU RESIDE.
=== Changes in the Database ===
Latino Resources reserves the right to modify or discontinue the Latino Resources Bilingual Network Agency Database with or without notice to you or other Members.
Latino Resources shall not be liable to Members or any third party should Latino Resources exercise its right to modify or discontinue the Latino Resources Bilingual Network Agency Database.
=== Indemnification ==
You agree to indemnify and hold Latino Resources, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of user’s use of the Latino Resources Bilingual Network Agency Database, the violation of this Agreement by you, or the infringement by you, or other Member of the Latino Resources Bilingual Network Agency Database using your computer, of any intellectual property or other right of any person or entity.
=== Termination ===
Latino Resources may terminate your account with or without cause at any time and effective immediately. Latino Resources shall not be liable to you or any third party for termination of Latino Resources Bilingual Network Agency Database.
If you object to any terms and conditions of this agreement or any subsequent modifications or become dissatisfied with the Latino Resources Bilingual Network Agency Database in any way, your only recourse is to immediately discontinue use of the Latino Resources Bilingual Network Agency Database.
Upon termination of your account, your right to use the Latino Resources Bilingual Network Agency Database immediately ceases. You shall have no right and Latino Resources will have no obligation thereafter to refund any membership fee paid to Latino Resources or forward any unread or unsent messages to you or any third party.
=== Laws ===
This agreement shall be governed by the laws of the United States of America and the state of Illinois. Any action related to this agreement must be brought in the federal or state courts located in Cook County in the State of Illinois, and you irrevocably consent to the jurisdiction of such courts. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Latino Resources’ failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Latino Resources in writing.
Member and Latino Resources agree that any cause of action arising out of or related to this Latino Resources Bilingual Network Agency Database must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.