Effective Date: July 1, 2019

Introduction

Welcome to the Amplify Latinx (“Amplify,” “us,” or “we”) PowerUp Business website located at https://powerup.amplifylatinx.co (the “Web Site”). The Web Site is intended to create visibility for Latino-owned businesses and facilitate connections to customer and business resources, including our partners. Our mission is to unleash our region’s untapped economic potential through the growth of our Latinx-owned businesses.

These Terms of Use (“Terms of Use”) govern your use of the Web Site, and also apply to your use of interactive features, widgets, applications, content or downloads that we make available through the Web Site (collectively referred to as the “Services”).

 

1. Your Acceptance of Terms of Use

The Terms of Use set forth the legally-binding terms for your use of the Services.  The Terms of Use apply to you regardless of the manner in which you interact with our Services, including whether you are a registered business or partner in the Web site (a “Member”) or non-registered user of the Services (collectively, “Users”).  The Terms of Use apply regardless of how you access or use the Services, whether via personal or institutional computers, mobile devices or otherwise. 

By accessing or using our Services in any manner, you signify your agreement to:

(i) These Terms of Use;
(ii) The Amplify privacy policy (the “Privacy Policy”); and
(iii) Any other legal notices, usage rules, conditions or guidelines located within the Services. 

If you do not agree to any of these Terms of Use or the Privacy Policy, please do not use our Services and exit now

 

2. Important Legal Information Regarding Privacy

You agree that you have read, understood and accept Amplify’s Privacy Policy. The Privacy Policy explains Amplify’s collection of personal and non-personal information from you when using the Services and our use and sharing of such personal and non-personal information.

 

3. Modification to These Terms of Use

We may add, update, delete, or modify our Services at any time in our sole discretion.  We reserve the right, at any time and in our sole discretion, to change the Terms of Use.  We will post or display notices of changes to the Terms of Use on our Services.  Once posted, these changes to the Terms of Use become effective immediately. 

If any change that we make is not acceptable to you, promptly stop using our Services.  If you continue to use our Services after any changes to our Terms of Use become effective, your continued use will signify your agreement to be bound by those changes.  You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

 

4. The Services

 

4.1. Applicability

The Service Content (defined below) posted on the Services is provided as a courtesy to you and is intended for general informational purposes.  You may access the Services for your own non-commercial purposes.  You may not copy any portion of the Services Content onto you own web server for any reason without our prior written permission. 

 

4.2 Member Registration

In order to access many features of our Services, including creating your business listing or partner listing, you will be required to create a registered member account and access our Services. Amplify approves all Member accounts and has the right to reject any listings which do meet these Terms of Use or any Web site guidelines. You may register by using a third-party service that requires you to have a login name and password (e.g., Facebook, LinkedIn or Google).  The data collected and stored regarding your account is described in further detail in our Privacy Policy. You may never use another Member’s account or share your account with any other User or entity.

When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate.  You are solely responsible for the activity that occurs on your account.  You must notify us immediately of any breach of security or unauthorized use of your account by contacting us at support@amplifylatinx.com.  

 

4.3 Third-Party Web sites Not Covered

The Services contain links to businesses and partner web sites that are not owned or controlled by Amplify (“Third-Party Sites”).  Amplify has no control over, and assumes no responsibility for, the products, services, content, privacy policies or practices of any Third-Party Sites. 

In addition, Amplify is unable to censor or edit the content of any Third-Party Site.  Amplify is not involved in any transactions between you and any third party whose products and/or services are listed on the Services. By using the Third-Party Site, you expressly relieve Amplify from any and all liability arising from your use of any such Third-Party Site.  Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other web site that you visit. 

If you decide to access any Third Party Site linked to our Services, you do so entirely at your own risk.  Any questions, complaints, or claims related to any product or service provided by a third party on a Third-Party Site should be directed to the applicable third party.

 

4.4 Reviews and Communications on the Website

Amplify encourages you to carefully choose the information you submit, post, or provide to others using our Services.  Any reviews you post or information you share on the Web Site using features that are available through our Services and any User Submissions (defined below) may be accessible and viewable by all other Users. 

Amplify does not control, or have any knowledge of the content of any communication(s) spread by the use or functions of our Services, such as the posting of User Submissions.  The person posting the communication is entirely responsible for its content. 

 

4.5 Right to Screen and Remove User Submissions

Amplify reserves the right to screen, edit or monitor any of the User Submissions posted on the Web Site through our Services. Amplify also reserves the right, but not the obligation, to remove, edit or reject any User Submissions at any time, in its sole discretion. Amplify may also restrict, suspend or terminate any Member’s access to all or any part of our Services at any time, for any or no reason, without without notice and with no liability to Amplify whatsoever.

 

5. Access to the Services

 

5.1 License for Use

Amplify hereby grants you a limited, personal, non-exclusive, fully revocable license to use and access the Services as set forth in these Terms of Use, provided that:

(i)      You will not distribute any part of the Services (other than User Submissions owned by you) in any medium without our prior written authorization;

(ii)     You will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of our Services other than as may be reasonably necessary to use our Services for its intended purpose; and

(iii)    You will otherwise comply with these Terms of Use. 

 

You agree not to delete, change or modify in any way the copyright notices or trademarks contained on our Services. 

 

5.2 Prohibited Uses

You agree that you will not use our Services or any features offered through our Services:

(i) To promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(ii)    To further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, or theft of trade secrets;

(iii)   To solicit personally identifiable information for unlawful purposes;

(iv)   To advertise, solicit, or sell to any person without their prior consent;

(v)    To harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of Users for purposes of sending unsolicited communications or commercial solicitations.

 

In order to protect third parties and other Users from such prohibited conduct, Amplify reserves the right to restrict, in its sole discretion, communications which a User may send through our Services.

 

6. Intellectual Property Rights

The content on our Services, except User Submissions (“Service Content”) is owned by or licensed to Amplify, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  We are the owner of the corporate names Latina Circle and Amplify Latinx, and such names, marks and images associated with our corporate names may not be used in connection with any product or service in any manner without our prior written consent. 

You in no way will obtain any ownership interest in the Service Content, trademarks or service marks contained on the Services.  The Service Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owner. 

We reserve all rights not expressly granted in and to the use of our Services and the Service Content.  You agree not to engage in the use, copying, or distribution of any of the Service Content other than as expressly permitted herein or as reasonably necessary to use our Services for their intended purpose.  You agree not to circumvent, disable or otherwise interfere with:

(i)     Security-related features of our Services,

(ii)    Features that prevent or restrict use or copying of the Service Content or User Submissions, or

(iii)   Features that enforce limitations on use of our Services or the Service Content and User Submissions.

 

7.  User Submissions

 

7.1 Types of User Submissions

Our Services may permit the submission of business listings and certain user-generated text, information, data, audio, photographs, files or other content to the Services (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions.  User Submissions may be used, distributed and published by us and viewed by all Users of our Services.  You understand that we do not guarantee any confidentiality with respect to any User Submissions.

 

7.2 User Responsibility for Submissions

You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:

(i)     You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by our Services and these Terms of Use;

(ii)    Submitting, posting or publishing your User Submission on or through the Services does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and

(iii)   You have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms of Use. 

 

You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever. 

 

7.3 Ownership of User Submissions

As between us and you, you will retain all ownership rights in your User Submissions.

By submitting a User Submission to Amplify and permitting it to be viewed on our Services, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to (1) use, reproduce, publish, distribute and display User Submissions owned by you and stored on our Services for our commercial, marketingor any similar purpose, and (2) use, post and store User Submissions on our Services and servers and publish, distribute and display such User Submissions in connection with our Services and our (and our successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties, in each case, without your consent. 

You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.

 

7.4 Certain Content Prohibited

In connection with any User Submissions, you further agree that you will not:

(i)    Submit or publish falsehoods, misrepresentations or statements that could damage us or any third party;

(ii)    Submit material

  • that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or
  • that contains nudity, encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
 

(iii)   Post advertisements or business solicitations, including any “junk mail” or “spam;”

(iv)   Impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, organization, institution or person;

(v)    Upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of our Services or any server, computer hardware, software or equipment.

 

Amplify does not endorse any User Submission or any opinion, recommendation, or advice expressed therein.  We reserve the right to remove Service Content and User Submissions without prior notice. 

We may remove User Submissions and/or terminate a User’s use of the Services for accessing or distributing such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. 

 

7.5  Consent to Exposure to User Submissions

You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Amplify with respect thereto.

 

8.  Digital Millennium Copyright Act

 

8.1.  Notification

If you are a copyright owner or an agent thereof and believe that any User Submission or other Platform Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. § 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:

(i)    An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)    A description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works on the Services;

(iii)    A description of the location on the Services of the allegedly infringing material(s);

(iv)    Your address, telephone number, and e-mail address;

(v)    A written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)    A written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Our designated Copyright Agent for notice of claims of infringement is:

Amplify Latinx
745 Atlantic Avenue, Suite 800
Boston. MA 02111
Attn: Betty Francisco or Rosario Ubiera
e-mail: info@amplifylatinx.com
telephone:  (978) AMP-LIFY

 

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at support@amplifylatinx.com.  You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

 

(i)    Your physical or electronic signature;

(ii)    Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

(iii)    A statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the material; and

(iv)    Your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state in which you are located or the Commonwealth of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter notification is received by the Copyright Agent, we shall send a copy of such counter notification to the original notifying party.  The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material.  If no such infringement action is filed within such 10 business days, Amplify may, in its sole discretion, reinstate the removed material or cease disabling such material.

 

8.3  Termination of Access

In accordance with the DMCA and other applicable law, we shall, in appropriate circumstances, terminate access, at our sole discretion, of any User (including a Member) that we find to be a repeat infringer of others’ copyrights.  Amplify may also, in its sole discretion, limit or fully terminate access to our Services of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.

 

9. User Disputes

You are solely responsible for your interactions with other Users of our Services and any disputes that may arise.

 

10. Warranty Disclaimer

You agree that your use of the Services shall be at your sole risk.  The Services, the Service Content, User Submissions and any services made available on the Services are provided on an “as is” and “as available” basis.  Amplify does not make and disclaims any and all express and implied warranties and representations, including but not limited to any implied warranty or fitness for a particular purpose, with regard to the Services, the Service Content, User Submissions or any advice or services provided through the Services, to the fullest extent permitted by law. 

Without limiting the foregoing, we do not represent or warrant that:

(i)    The Services will be accurate, reliable, uninterrupted, secure or error-free;

(ii)    Defects in the Services will be corrected; or

(iii)    The Services or the server that makes it available are free of viruses or other harmful components. 

Amplify does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any institution or third party through the Services or any hyperlinked web site.

 

11. Limitation of Liability. 

In no event shall Amplify, its officers, directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

(i)    Any indirect, special, incidental or consequential damages that may be incurred by you;

(ii)    Any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and

(iii)    Any claim, damage, or loss which may be incurred by you as a result of:

  • The availability of the Services and/or any other third-party web sites,
  • Any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Services or any third-party web site; or

(iv)    Any of your transactions with third parties or other users. 

 

The limitations on our liability to you above shall apply whether or not we have been advised of the possibility of such losses or damages arising.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that we shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

12. Indemnity

You agree to indemnify and hold harmless Amplify, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions, demands, liabilities or settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your conduct using the Services, your violation of these Terms of Use or, your violation any other legal notices or guidelines 

 

13. Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  Our Services are intended for children under the age of thirteen (13).  If you are under 13 years of age, then please do not use the Services and exit now.

 

14. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Amplify without restriction.

 

15. Governing Law, Location, Entire Agreement

 

15.1 Massachusetts Law Governs

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America.  All disputes arising under, or in any way connected with being a Member or User of our Services, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction.  You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.

 

15.2  Services Operated in the United States

Amplify controls and operates our Services from its offices in the United States, and we make no representation that our Services are appropriate or available for use beyond the United States. If you use our Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our Services may describe programs and services that are available only in the United States (or only parts of it). We reserve the right to limit the availability of our Services and/or the provision of any content, programs, service, or other feature described or available on our Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, service, or other feature that we provide.

 

16.  Invalidity; Waiver

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term in these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

17.  Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Services for any reason or for no reason whatsoever including improper use of our Services or failure to comply with these Terms of Use or any other notices or guidelines, and to take any other action we deem appropriate.

 

18.  User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Amplify are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your User Submissions.  We shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

 

19. Questions; Comments

If you have any questions or comments on the Services or become aware of misuse of the Services by any person, please contact us at support@amplifylatinx.comor at the following address:  Amplify Latinx, 745 Atlantic Avenue, Suite 800, Boston, MA 02111.