Terms and Conditions Welcome to 'Marketing Hispanics'. The following terms and conditions (referred to as the "Agreement") govern the Marketing Hispanics Member Service offered by www.marketinghispanics.com, Inc. ("www.marketinghispanics.com") to Marketing Hispanics Members and the marketing services offered by www.marketinghispanics.com to Marketers and Marketing Hispanics Associates / Partners. By registering with marketinghispanics.com and/or using any of the services offered by marketinghispanics.com or in connection with the Marketing Hispanics Service, you agree to abide by these terms and conditions DEFINITIONS A Marketer is an organization or person that uses the Marketing Hispanics Service to communicate an email message to Marketing Hispanics Members with identified interests. A organization or person that creates and/or manages lists, and/or online marketing tools of Marketing Hispanics Members is called a Marketing Hispanics Service Partner. TERMS OF MARKETING HISPANICS MEMBER SERVICE Under this Agreement, the Marketing Hispanics Member Service is provided to Marketing Hispanics Members and any operating policies that Marketing Hispanics establish become part of this Agreement. Marketing Hispanics may make changes to this Agreement and Marketing Hispanics Members continued use of the Marketing Hispanics Member Service constitutes the acceptance of any such changes. The Notification on changes will be posted on the Marketing Hispanics Web Site. The Marketing Hispanics Member Service is free to Marketing Hispanics Members, although Marketing Hispanics Reserves the right to charge for the future. marketinghispanics.com reserves the right to modify or discontinue temporarily or permanently the Marketing Hispanics Member Service or any feature of the Marketing Hispanics Member Service without notice to the Marketing Hispanics Member, and the member agrees that marketinghispanics.com shall not be liable for any such modifications or any discontinuation of service. By registering with marketinghispanics.com, the Marketing Hispanics Member agrees not to resell for commercial purposes or use of or access to the service of the Marketing Hispanics Member Service. When registering at marketinghispanics.com, the Marketing Hispanics Member agrees to provide complete, accurate and current information, and to inform marketinghispanics.com any changes to this information. Failure to the same may result in termination Marketing Hispanics Member Service is only available to individuals 13 years of age or older. Marketing Hispanics Member represents that he or she is 13 years of age or older by registering and using Marketing Hispanics Member Service. MARKETING HISPANICS SERVICE PARTNERS AND ACTIVITIES RELATING TO ASSOCIATES By accepting any services or participating in the Marketing Hispanics Services of marketinghispanics.com, Associates and Marketing Hispanics Service Partners agree to be bound by this Agreement. Additional terms and conditions may impose on the marketinghispanics.com, Marketing Hispanics Service Partners and/or Associates, which Terms and Conditions are, unless expressly stated otherwise, in addition to the Terms and Conditions set forth in this Agreement. Marketing Hispanics Service Partners are solely responsible for ensuring that all communications and activities relating to their Marketing Hispanics lists and/or marketing tools comply with this Agreement. Associates are solely responsible for ensuring that all communications to Marketing Hispanics Members using the Marketing Hispanics Services comply with this Agreement. With this Agreement, Marketing Hispanics Members agree that marketinghispanics.com is not responsible for resolving any disputes that might arise between or among Marketing Hispanics Members, Marketing Hispanics Service Partners, Associates or third parties. Marketing Hispanics Members agree that marketinghispanics.com is not responsible or liable for the content, guidelines, requirements, or conduct relating to any Service Partner or Marketing Hispanics list and/or marketing tool (i.e., a list, and/or marketing tool created and/or managed by the Marketing Hispanics Service Partner or Marketing Hispanics). Marketing Hispanics Service Partners agree that marketinghispanics.com is not responsible or liable for any communications delivered by marketinghispanics.com on behalf of Marketing Hispanics Service Partners to their member lists. Associates agree that marketinghispanics.com is not responsible or liable for any communications delivered by marketinghispanics.com on behalf of Associates. Marketing Hispanics Service Partners may implement rules and policies in addition to those listed on these pages. Marketing Hispanics Members agree to comply with all rules and policies associated with Service Partner lists to which they subscribe. marketinghispanics.com reserves the right to modify or discontinue any service or any feature of a service offered to Marketing Hispanics Service Partners or Associates, temporarily or permanently, without notice to the Marketing Hispanics Service Partner or Associate. Except as otherwise agreed, marketinghispanics.com shall not be liable to any Marketing Hispanics Service Partner or Associate for any such modifications or any discontinuation of service. DISCLOSURE OF MARKETING HISPANICS MEMBER INFORMATION marketinghispanics.com will not disclose personally identifiable information about a Marketing Hispanics Member or the Member's private communications to third parties unless marketinghispanics.com believes such disclosure is reasonably necessary to: (1) comply with the law or legal process, (2) protect or defend the rights or property of marketinghispanics.com or others, (3) enforce this Agreement, (4) respond to claims that the contents of any communications violate the rights of others, or (5) as otherwise provided in the Agreement. marketinghispanics.com does disclose certain aggregate level information about Marketing Hispanics Members to third parties, principally Marketing Hispanics Service Partners and Associates who use the Marketing Hispanics Services. Marketing Hispanics may access marketinghispanics.com Service Partners lists and related communications, for Service Complaints, Technical problems or to address Technical Processing. Marketing Hispanics Privacy Policy explains how marketinghispanics.com uses Marketing Hispanics Member Information. For more details, please read the Privacy Policy. PROHIBITED CONDUCT Associates and Service Partners agree that they will not use the Marketing Hispanics Service, any service offered by marketinghispanics.com, or any Marketing Hispanics list to transmit, disseminate, or upload: a. Unlawful, fraudulent, harassing, libelous, tortuous, abusive, threatening, or obscene communications of any kind; b. Content that violates or infringes any third party's intellectual property rights, including patents, copyright, trademark, trade secret, privacy, rights of privacy, or other proprietary or property rights; c. Content that constitutes a criminal offense, violates any *** law regarding software exported from the United States or the transmission of technical data, gives rise to violation of any applicable law or regulation or otherwise civil liability; d. Content that is otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone; e. Content containing nudity, sexually explicit or pornographic material of any kind; f. Spam, chain letters, junk mail, or any other type of unsolicited mass email to people or entities who have not agreed to receive such mailings; or g. Multilevel marketing messages or offers. h. Viruses or other harmful, disruptive or destructive files, files that otherwise interfere with or disrupt computer systems or networks, or files that attempt to gain unauthorized access to computer systems or networks. Associates, Marketing Hispanics Service Partners and Marketing Hispanics Members further agree: (a) not to disrupt or interfere with another person's or organization's use or enjoyment of any service offered by marketinghispanics.com or the Marketing Hispanics Service; (b) not to use or attempt to use another person's or organization's account, service or system without authorization from the owner, or to disrupt or interfere with the security of, or otherwise abuse any service offered by marketinghispanics.com, system resource or account, or any servers or networks connected to the Marketing Hispanics Service; (c) not to attempt to obtain unauthorized access to any service offered by marketinghispanics.com or the Marketing Hispanics Service, or to private lists on the Service; (d) not to forge header or address information or otherwise impersonate another or create a false identity; (e) not to systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from the Marketing Hispanics Web site; (f) that each is solely responsible for her, his or its actions in relation to any service offered by marketinghispanics.com, and for any communications transmitted via the Marketing Hispanics Network or in connection with a Marketing Hispanics account; (g) that each will comply with all laws relating to the transmission of technical data or software exported from the United States; and, (h) that each will comply with all applicable local, state, national, and international laws and regulations, including without limitation those related to privacy and data collection. marketinghispanics.com may at its sole discretion remove any material or lists that are used in connection with any service offered by marketinghispanics.com or in connection with the Marketing Hispanics Service that appears to violate any of the terms and conditions or spirit of this Agreement. TERMINATION OF RELATIONSHIPS marketinghispanics.com may immediately limit or terminate its relationship with any Associate or Marketing Hispanics Service Partner if that Associate or Service Partner, in marketinghispanics.com sole discretion, has violated the terms or conditions or spirit of this Agreement. marketinghispanics.com may at its sole discretion change, terminate, or bar access by a Marketing Hispanics Member to his or her Marketing Hispanics account or to any Service Partner list to which the Marketing Hispanics Member subscribes for any reason, with or without notice to the Member and without any liability to you or any third party. A Marketing Hispanics Member may terminate his or her account for any reason. To do so, the Marketing Hispanics Member should send an email to **************** or use his or her Marketing Hispanics Member account. The following provisions of the Agreement survive its termination: Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and Indemnification, even though termination shall prevent the terminated party from using any service offered by marketinghispanics.com and the Marketing Hispanics Service and shall cease the party's subscription to any messages sent by marketinghispanics.com. PROPRIETARY RIGHTS marketinghispanics.com is the owner of the Marketing Hispanics name and mark and related Marketing Hispanics formative marks (collectively referred to as the "Marketing Hispanics name and marks"). marketinghispanics.com retains exclusive control over the advertising and use of the Marketing Hispanics name and marks. Content available via marketinghispanics.com, including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any content provided by any third-party advertiser, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. A Marketing Hispanics Member may download one copy of this content for his or her personal use only, as long as the Member keeps all copyright and other proprietary notices intact. All other copying, use, distribution or creation of derivative works of the content available via marketinghispanics.com is expressly prohibited unless otherwise expressly authorized by marketinghispanics.com or the applicable advertiser. Marketing Hispanics Members, Marketing Hispanics Service Partners and Associates may not "frame" any content into marketinghispanics.com Web site or "frame" content from marketinghispanics.com Web site into any other site. Associates and Marketing Hispanics Service Partners agree that as to any material transmitted through a service offered by marketinghispanics.com, including member lists or content, including that archived by marketinghispanics.com, marketinghispanics.com and its successors and assigns are granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license under the Associates or Marketing Hispanics Service Partner's copyrights or other intellectual property rights, if any, in such material, to copy, use, distribute, display, reproduce, sublicense, authorize the downloading of, and create derivative works from such material in any and all media, in any manner, in whole or in part, without any duty to account to the Associate or Service Partner. MARKETING HISPANICS MEMBER SERVICE AVAILABILITY marketinghispanics.com strives to maintain the availability of its Marketing Hispanics Member Service 24 hours a day, it makes no representation or promise that the Marketing Hispanics Member Service will always be available, and the Marketing Hispanics Member agrees that marketinghispanics.com is not liable to you or any third party for the temporary or permanent unavailability of the Marketing Hispanics Member Service. MESSAGES Marketing Hispanics Members agree to receive messages pertaining to the interests they have selected in their Marketing Hispanics Member account. Service Partners agree that marketinghispanics.com may include a header or footer message in every message designating marketinghispanics.com as the provider of the service and directing recipients back to their Marketing Hispanics Member account to manage their account information or remove themselves from your list. DISCLAIMER OF WARRANTIES marketinghispanics.com SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY marketinghispanics.com IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, marketinghispanics.com DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. marketinghispanics.com DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY marketinghispanics.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES marketinghispanics.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY marketinghispanics.com OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY marketinghispanics.com. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY marketinghispanics.com IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. marketinghispanics.com DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ANY SERVICE OFFERED BY marketinghispanics.com, THE MARKETING HISPANICS SERVICE, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY marketinghispanics.com. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM marketinghispanics.com OR THROUGH ANY SERVICE OFFERED BY marketinghispanics.com 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. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL marketinghispanics.com OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY marketinghispanics.com, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY marketinghispanics.com, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF marketinghispanics.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT marketinghispanics.com IS NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD, OR STORE EMAIL TRANSMITTED THROUGH THE SERVICE. YOU AGREE THAT marketinghispanics.com DOES NOT ENDORSE THE SUBJECT MATTER OF ANY OF ITS LISTS OR ANY OF THE CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS SERVICE. YOU ALSO AGREE THAT marketinghispanics.com SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY marketinghispanics.com. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY marketinghispanics.com, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. INDEMNIFICATION You agree to indemnify, defend, and hold harmless marketinghispanics.com, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to your use of any service offered by marketinghispanics.com or your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, copyright infringement, trademark infringement, patent infringement or plagiarism. marketinghispanics.com may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by marketinghispanics.com, however, shall not excuse any of your indemnity obligations. CONSTRUCTION OF AGREEMENT AND APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the city of Tallahassee state of Florida. You agree that any claim or cause of action arising out of your use of any service offered by marketinghispanics.com or this Agreement must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. The parties further agree that in the event of litigation between the parties hereto to enforce any rights hereunder arises, the unsuccessful party to such litigation will pay to the prevailing party therein all costs and expenses including, but not limited to attorneys' fees and costs, actually incurred by the prevailing party. BINDING EFFECT OF THE AGREEMENT All clauses and covenants contained in this Agreement are severable and in the event any of them is held to be invalid by any court, this Agreement will be interpreted as if such invalid clauses and covenants were not contained herein.   I agree I do not agree

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