Definitions

“You,” “your,” and “Customer” mean the person or entity that either visits this website or subscribes to any services, except for wireless communications services, or purchases or leases any equipment, Applications or Content from us.

This “Agreement” includes these Terms and Conditions and any other material, including any license material or service orders provided by us to you at the time you obtain the equipment, Application or Content in response to your request.

“We,” “our,” “us,” and  LATINO MOVIL and its subsidiaries and affiliates, as well as any other person or entity providing any equipment, Applications or Content to you from us, or on our behalf.

“Applications” and/or “Content” refer to any file, device or software that can be downloaded by you to either a computer or a wireless device such as a handset or a PDA.

“Service” may mean, as the context indicates, any service that we offer to the public, including any equipment, Applications or Content.

“Terms and Conditions” include the Privacy Statement attached to this website, as well as the following provisions as either the Privacy Statement or these provisions currently exist, or may be amended from time to time by LATINO MOVIL with notice to you by posting the revised version to this website or any successor website operated by us.

Acceptance by You

By visiting this website, and/or purchasing, receiving physical delivery of, or in any way using any equipment, Applications or Content provided by us, you have agreed to be bound by your Agreement, including these Terms and Conditions. If you do not agree with this Agreement, you must immediately cease using the equipment, Application or Content that you have received and contact us as identified on this website.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE EQUIPMENT, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.

THIS WEBSITE, AND ANY EQUIPMENT, APPLICATIONS OR CONTENT OFFERED TO THE PUBLIC BY LATINOMOVIL COULD INCLUDE INACCURACIES, OTHER ERRORS, OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. WE DO NOT PROMISE ERROR FREE SERVICE. WE DO NOT MANUFACTURE ANY OF THE EQUIPMENT, APPLICATIONS OR CONTENT THAT WE OFFER TO THE PUBLIC AND YOUR ONLY REPRESENTATIONS OR WARRANTIES, IF ANY, ARE THOSE PROVIDED BY THE MANUFACTURER OR CREATOR OF THE MATERIAL.

Limitation of Liability

Our liability regarding your use of the equipment, Applications or Content, or the failure of or inability to use them, is limited to the charges you have incurred for them. We are not responsible and will not be liable for any other damages of any nature, including any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney's fees.

Termination by You

a. Fixed Term. If you subscribe to any service that provides you the right to continuously receive that service, or updates to that service, for a specific length of time, then you have agreed, and are obligated, to make the periodic payments required for that service for the length of time associated with your term.

b. Month to Month. If no length of time has been selected for your service by you or us, then your service is month to month and you may terminate it at the end of any billing period by providing notice to us.

c. All other service. Any other service, that is not a fixed term or month to month is a one-time purchase by you, and, except as otherwise expressly stated in your Agreement, all such sales are final and there will be no refund for the price that you paid.

Termination by Us

We may limit or terminate a service (a) if you do not honor the provisions of your Agreement (including your payment obligations), (b) if you use a service in any manner that adversely affects service to other customers of the public or harasses our customers, employees, agents or contractors, (c) if you or others use a service to engage in fraud or unlawful conduct or are suspected of doing so, or (d) if your service is used in a manner that is excessive or unreasonable. You may not resell your service or in any manner copy or duplicate it for use by others without our express prior written consent.

Credits

You authorize us to inquire with credit reporting agencies for credit information about you.

Confidentiality

Your confidential use of our website, or of any equipment, Applications or Content that we offer to the public, cannot be guaranteed by us. We will not be responsible for any loss that you or any person may suffer as a result of a breach of confidentiality with respect to the use of this website.

In the event that you obtain, or provide to us, a user-name, login ID, password, or any other personal identifier with respect to the use of this website, or any equipment, Applications or Content provided by us, you are responsible for maintaining its confidentiality and you must immediately notify us, or the person that you received the personal identifier from, in the event that it is lost or stolen. You are fully responsible for any conduct or activity carried out through the use of that personal identifier.

Information About You

Any information that we collect or generate about you is subject to disclosure in a manner that is consistent with these Terms and Conditions or our Privacy Statement, and you have no expectation of privacy with respect to that information. We may, in our sole discretion, release information that we have about you when required to do so by law or if we reasonably believe that an emergency involving immediate harm to a person or property requires disclosure.

Links and Third Party Sites

This website may contain links to other websites which are independent of this website. We are not responsible for those sites and make no representation or warranty regarding any aspect of their nature or use.

Services Provided by Third Parties

Certain services that we offer to the public, including certain equipment, Applications or Content, are provided by us or by our third party vendors or contractors. We reserve the right to change or modify the source of any service provided to you without notice.

Ownership

Except as otherwise indicated, all equipment, Applications or Content provided by us, and the content of this website, and all the rights, title and interest associated with each of these, belongs to us. Any use that is not authorized by our express written permission is strictly prohibited.

Applicable Law

Your agreement, and the use of this website, or any equipment, Applications or Content that we offer to the public, is governed by the laws of the Commonwealth of  Virginia.

No Waiver; Severability

If we do not enforce a right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.

Third Parties

This Agreement is for the benefit of you and us only, and not any third party.

Entire Agreement

This Agreement, including its Terms and Conditions, is the entire agreement between you and us, which may only be amended as described above. This Agreement supercedes any inconsistent or additional statements or promises made to you by us or any of our agents or employees.