Terms and Conditions of Use
As used in these Terms and Conditions, "MAILAMERICAS" or "We" refers to Mailatinamerica S.A. and/or any subsidiary or affiliated company; "You" or "User" refers to the individual or entity that accesses, uses, or browses the MAILAMERICAS website, applications, or any related blog or extranet site.1. Terms of Use and Acceptance of Contract Terms.
By accessing, browsing, or using the MAILAMERICAS website, applications, or any related blog and/or extranet site (collectively referred to as the "Site"), you acknowledge that you have read, understood, and agreed to these Terms of Use and the MAILAMERICAS Privacy Statement. If you do not agree with these terms, we urge you not to use the Site. As we may make modifications to these Terms of Use and/or our Privacy Statement periodically, Users are advised to review them regularly. Continued use of the Site will constitute your acceptance of any modifications made to these terms.
2. Users.
Users agree to provide accurate information to the Site regarding the acquisition of any product or service obtained through the Marketplace or the Seller's Site, and undertake to maintain and update such information as necessary when choosing to use the logistics services of MAILAMERICAS. In connection with the content of any shipment made through this Site, you agree to take full responsibility and commit not to send materials that are illegal, defamatory, abusive, fraudulent, obscene, or otherwise violate public order or are inappropriate according to applicable laws and these Terms and Conditions. Additionally, you agree not to send to this Site any content that infringes the rights of third parties, including, among others, copyright, trademarks, privacy, or other personal or property rights.
3. Service Terms and Conditions.
Certain services available through the Site will have their own Terms and Conditions. If there is a conflict between them and these Terms of Use, the respective product/service terms and conditions will apply.
4. Linking.
Outbound Linking Policy Statement - The Site may contain links to other sites hosted and/or maintained by third parties. MAILAMERICAS shall not be responsible for the content of any third-party sites that may be linked to or from www.mailamericas.com. These links are provided for your convenience, and you use them at your own risk. A link to a third-party site is not an endorsement of any third-party site or service. MAILAMERICAS does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services. Linking To The Site Policy Statement - If you would like to link to the Site you must comply with the following: (i) link to but do not replicate the Site or its Materials; (ii) link only to the home page at www.mailamericas.com; (iii) do not create a browser or border environment around the Site or its Materials (commonly known as framing); (iv) do not imply that MAIL AMERICAS is endorsing you or your products or misrepresent the extent of your relationship with MAILAMERICAS; and (v) do not use MAIL AMERICAS Signature (logo) in the hyper link without permission from MAILAMERICAS.
5. Software.
Certain software that may be downloaded from the Site ("Software") is a copyrighted work of MAILAMERICAS or third parties. The use of the Software is governed by the terms of any end-user license agreement accompanying the online download process. You may only use the Software in accordance with the terms set forth in such license agreement, and you are prohibited from using, reproducing, copying (in whole or in part), distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling, or commercially exploiting any portion of the Software. Additionally, any third-party software that you download through the Site is subject to the terms and conditions of the corresponding license agreement with you, if any.
6. Indemnification.
You agree to indemnify and hold MAILAMERICAS and its officers, employees, and agents (including those of its subsidiaries and affiliates) harmless from any third-party claim or demand arising out of a violation of these Terms and Conditions, including but not limited to attorney's fees, costs, losses, damages, and any other related expenses, those arising from the use of the Site, the breach of these Terms of Use, and/or the infringement of any intellectual property matter.
7. Disclaimer and Limitation of Liability.
MAILAMERICAS assumes no liability for any errors or omissions contained on the Site. The Site is provided to you "as is" and "as available," without any warranty of any kind, either express or implied, including, among others, any warranty of merchantability or fitness for a particular purpose, unless otherwise specified in writing. MAILAMERICAS shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to any information posted on the Site by any third party, including, without limitation, information posted on any related blog. Notwithstanding the generality of the foregoing, MAILAMERICAS does not warrant: (i) the accuracy, timeliness, adequacy, or completeness of the Site; (ii) that your use and/or access to the Site, or the operation of the Site, will be uninterrupted, secure, or error-free, or that any identified defect will be corrected; (iii) that the Site is free from viruses or other malicious, destructive, or corrupting codes, agents, programs, or macros; (iv) that your use of the Site will not infringe on third-party rights; or (v) that the products, services, materials, and information provided through the Site are appropriate or available for use in your jurisdiction. In the event that the laws of the jurisdiction in which you are located do not allow or impose restrictions on access to any content on the Site, you must immediately cease access to such content or comply with such restrictions (as applicable). YOU EXPRESSLY AGREE THAT YOUR USE OF MAILAMERICAS' SERVICES IS AT YOUR OWN RISK. MAILAMERICAS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, AMONG OTHERS, LOSS OF PROFITS, LOSS OF SAVINGS, ARISING FROM THE USE OR INABILITY TO USE THE SITE, EVEN IF MAILAMERICAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MAILAMERICAS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE DOLLAR ($1.00).
8. Trademarks, Intellectual Property and Copyrights.
The trademarks, service marks, software, programs, data, photographs, videos, text, logos, and trade dress of MAILAMERICAS used on the Site are the intellectual property of MAILAMERICAS and its affiliates and subsidiaries, both in the United States and worldwide (collectively referred to as "Trademarks"). All third-party trademarks on the Site are the property of their respective owners and are used in accordance with applicable law or with the owners' permission. Unless required by applicable law, the Trademarks may not be used and/or reproduced without the written permission of MAILAMERICAS. Authorized uses must comply with MAILAMERICAS' trademark usage guidelines (provided when necessary, upon request). The images, text, organization, and design (collectively referred to as "Materials") on this site are the exclusive property of MAILAMERICAS and are protected by copyright laws, worldwide copyright conventions, and applicable treaty provisions. Subject to fair use exceptions, MAILAMERICAS does not authorize any downloading, distribution, or republication of any Materials on this site without prior written permission. Any third-party copyrighted material appearing on the Site is used in accordance with applicable law or with the owner's permission. MAILAMERICAS will enforce its intellectual property rights to the fullest extent permitted by law.
9. Forward-Looking Statements Disclaimer.
The Site contains "forward-looking statements" about our business performance, addressing our expectations regarding future performance in commercial and financial terms. These statements are based on the currently available financial and operational competitive information as of the date of issuance of such statements, and MAILAMERICAS assumes no obligation to update these forward-looking statements due to new information, events, or future developments. Terms such as "estimate," "project," "plan," "believe," "expect," "anticipate," "intend," and similar expressions may identify forward- looking statements. Forward-looking statements include, among others, statements about potential restructuring charges and our future guidance. Forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those projected. These risks and uncertainties include, among others: adverse developments in economic conditions, including adverse impacts on customer demand, timely development and acceptance of new products or product approval; successful entry into new markets; changes in interest rates; and changes in postal regulations. Additionally, forward-looking statements are subject to changes based on the timing and terms of any announced acquisition or disposition. Undue reliance should not be placed on such forward-looking statements, as these statements relate only to the date they are made. Additional information about these and other risks is contained in MAILAMERICAS' periodic filings with the Securities and Exchange Commission.
10. Waiver.
MAILAMERICAS failure to enforce the strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.
11. Site Policies, Modification, and Severability.
MAILAMERICAS suggests consulting its other policies and Terms and Conditions, such as its Privacy Policy, which are published on the Site. These policies will also govern your use of the MAILAMERICAS Site. MAILAMERICAS reserves the right to make changes to the Site, its policies, Service Terms, and these Terms of Use at any time. If any of these conditions is deemed null, invalid, or unenforceable for any reason, that condition will be deemed severable and will not affect the validity or enforceability of the remaining conditions.
12. Choice of Law and Jurisdiction.
The duration, validity, and interpretation of these Terms and Conditions of Use, as well as the legal relationships between the parties thereto, shall be governed by the laws of the Oriental Republic of Uruguay, without regard to its principles of conflict of laws. In the event of any dispute, the exclusive jurisdiction of the state and federal courts of the Oriental Republic of Uruguay shall apply, excluding any other that may be applicable.