This document sets forth our terms of use for this website www.latinamerica2b.com. This document should be read together and alongside the following documents available in our website:

1. Definitions

  • "Website": this website www.latinamerica2b.com
  • "Us", “We” or “LA2B”: i2p Consulting SRL as the company that holds the website, D H Cavanaugh Associates and all partners and associates who take part, in whatever capacity, in working in the Website and whose profiles are included but not limited to in the "Our People" section of this Website
  • “You” as used herein may refer to a Public User, Personal Subscriber or any other individual, entity or institution that may use or access our Website or purchase, receive or use one of our LA2B Products
  • “Public User” any natural person, whether or not acting on behalf of a company or organization, who visits our Website and who is neither a personal subscriber nor a user with access under an organization’s subscription agreement. Public users are not allowed to visit some areas of the Website which are reserved for those having a user name and a password with privileges to access those areas
  • “Personal Subscriber” any natural person who visits our website and who possess an individual user name and password which lets him/her access all or some of the reserved areas of this Website on the basis of the purchase of one of our products or other agreements with Us
  • “User with access under an organization’s subscription agreement” any natural person who visits our website and is part of an organization which, on the basis of the purchase of one of our products or other agreements with Us, possess a number of user names and passwords to access all or some of the reserved areas of this Website
  • “Authorized User” is any individual who has been issued a user name and password
  • “User License” is the right granted by Us to use or access our Website
  • “Customer Contact” is an individual authorized to request additions or changes to Customer’s list of Authorized Users, remove Authorized Users, and otherwise update Customer’s list of Authorized Users. Customer will update the name of the Customer Contact when appropriate
  • “LA2B Newsletters Public Registers” any natural person who has registered through this Website for one or more of our newsletters free of charge, but is neither a personal subscriber nor a user with access under an organization’s subscription agreement
  • “LA2B Newsletters” our newsletter service consisting in a periodic email containing Latin American geopolitical updates with links to our Website, plus other information related to Latin American projects and business opportunities, interviews and other content.  It can also contain advertising and commercial information. 
  • "Reseller": Digital River GMBH, Scheidtweiler Str.4, 50933, Cologne, Germany that resells all our digital products and reports through the website  https://www.mycommerce.com
  • "Reports": the products in the form of pdf documents that are produced by Us and commercialized in the Website and sold by our Reseller
  • “LA2B Products” means, in any form or medium, (a) reports, briefings, scorecards, rankings, threat or other matrices, forecasts, spreadsheets, graphics, tables, charts, data, compilations of data, assessment tools, content, tools, web pages, e-mails, text messages, mobile apps, RSS feeds, bulk data downloads, widgets, images, text, illustrations, logos, webcasts, audio and video files, and all other LA2B proprietary content, software, information and materials, including any application programming interface that supports the interoperation of Personal Subscriber’s intranet or software applications with LA2B’s website(s) and/or content ; (b) discussion, chat or similar forums provided or made available by LA2B (“LA2B Forums”), and (c) LA2B’s intelligence and analytical methodologies. Personal Subscriber’s access to and use of certain LA2B Products may be subject to additional terms and conditions as disclosed to Personal Subscriber in connection with accessing such LA2B Products.
  • “Customer” is any individual, entity or institution who purchases an LA2B Product (and thereby receives a user name and password or other access to our Website) or is issued a user name and password by Us, including as a Personal Subscriber
  • “Order” is either an order for a LA2B Product placed through Reseller or directly with Us
  • “Intellectual Property Rights” means all intellectual property rights, whether registered or unregistered (including copyright, design rights, trade marks, patents, database rights, confidential information and know how)

2. Representation and Warranties

2.1 By visiting or using this Website or its pages, you are agreeing to be bound by these Terms of Use and the terms of the issuance of Your user name and password, and that such agreement constitutes a binding contract between You and Us and that you will fully comply with these Terms. If you do not wish to be bound by these Terms of Use, please do not visit or read or copy and use any page of this Website and/or its contents.

2.2 By visiting this Website, You represent and Warrant to Us that you are acting on behalf of a company or an enterprise or a natural person acting in his or her professional or business capacity and that you are not a natural person acting outside the scope of his or her trade, business or professional capacity.

2.3 You represent and warrant that you have the capacity to agree to these Terms. “You” means you in your individual capacity and the company or organization or entity that you represent. If you are entering into these Terms of Use on behalf of a company or other organization or entity, you hereby represent and warrant that you are authorized to enter into this Terms of Use on behalf of such company or other organization or entity.

2.4 The Website is not intended for the use of children under 18 and no such person who is younger than 18 years old is authorized to use it. By using the Website, you are representing that you are at least 18 years old. You also represent, by accessing or using this Website, that you are of legal age to enter into legal agreements. If you do not meet this requirement, you must not access or use the Website.

2.5 In addition, when using particular services or features of the Website, you shall be subject to any posted guidelines or rules applicable to such services or features, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

3. Electronic Communications

3.1 You consent to receive communications from Us electronically, such as emails, texts, mobile notices, or notices and messages on this site or through some other services of Ours, and you can retain copies of these communications for your records. You agree that all emails, agreements, notices, reports and other communications that we provide to you electronically satisfy any legal requirement in the way that such communications be in writing.

4. Intellectual Property

4.1 The copyright and other intellectual property rights of this Website and all of its contents including but not limited to photographs, graphic images, information, software, text, displays, video, audio, information, design, and selection are owned by and are the property of Us or our licensors, partners and/or affiliates and are protected by the laws of the Republic of Italy and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. You are not allowed to copy, use, reproduce (even with modifications) or allow anyone else to do these actions. The contents of this Website (including but not limited to texts, information, photographs, graphic images, information, software, text, displays, video, audio and any other item that is present in this Website) are protected under the intellectual property laws.

4.2 The LA2B Products, as well as the compilation (including the collection, arrangement, and assembly) of the content of the LA2B Products, are the property of LA2B, and You will have a limited, non-transferable, non-exclusive right to use the applicable LA2B Products as set forth in the applicable issuance of Your user name and password and these Terms of Use. LA2B and LATINAMERICA2B are trademarks of LA2B, and the LA2B Products may include other LA2B trademarks. LA2B’s trademarks may not be used in connection with any product or service that is not provided by LA2B, in any manner that is likely to cause confusion among LA2B’s business partners, or in any manner that disparages or discredits LA2B.

4.3 You are free to cite, in your paper and reports and academic articles, the texts and information and articles present in this Website, provided that you clearly cite the Latin America 2B platform and its author(s), where indicated, making an original source attribution that has to be reasonably acceptable by Us and providing as well a link to this Website.

4.4 You agree to abide by all applicable copyright, intellectual property and other laws, as well as the terms of any additional copyright notices or restrictions contained on this Website or in these Terms.

4.5 LA2B retains all Intellectual Property Rights in and to the LA2B Products and all deliverables prepared by LA2B in connection with the LA2B Products, provided that You will have the right and license to use the applicable LA2B Products in accordance with the terms of the applicable issuance of Your user name and password and these Terms of Use.

5. General Terms of Use

5.1 Upon Customer’s payment for one or more LA2B Products or by issuance to Customer of a user name and password, LA2B grants Customer User License for the number of users specified in the confirmation of Order (“Order Form”) or issuance of Your user name and password to access such the LA2B Products set forth in such Order Form or issuance of Your user name and password during the term of such Order Form or issuance of Your user name and password, subject to the terms and conditions of these Terms of Use and such Order Form or issuance of Your user name and password. For an Order Form or issuance of Your user name and password for an individual User License, such User License is available only to the designated natural person, and not to any corporation or other legal entity, unless otherwise agreed in writing by LA2B. For Order Forms or issuance of Your user name and password that include more than one Authorized User, each Authorized User must be a Customer family member, employee, consultant or independent contractor, and Customer is responsible for ensuring that its Authorized Users comply with the terms of the applicable Order Form(s) or issuance of Your user name and password and these Terms of Use. Customer and each Authorized User are responsible for the confidentiality and use of all login credentials and passwords used to access the LA2B Products.

5.2 LA2B will issue a user name and a password to Customer (or for Order Forms or issuance of Your user name and password that include more than one Authorized User, to each Authorized User designated by the applicable Customer). No Authorized User may share his or her user name or password with any other person. A User License is required for each Customer family member, employee, consultant or contractor who has access to the LA2B Products ordered by Customer. Notify LA2B immediately if You believe that any log-in credentials or other Personal Information have been compromised.

5.3 For Order Forms or issuance of Your user name and password that include more than one Authorized User, Customer will designate a Customer Contact.

5.4 Access to the LA2B Products is provided for Authorized Users only and may not be shared with others except as expressly provided herein.

5.5 To the extent an LA2B Product gives You the ability to share a portion of a LA2B Product via a hyperlink, “email this” button or similar capability, You will do so only in accordance with the terms for such sharing set forth in the applicable LA2B Product or these Terms of Use. Any other sharing of LA2B Products (by copying the content or otherwise replicating it) is prohibited, unless otherwise agreed in writing by LA2B.

5.6 LA2B may monitor the use of the LA2B Products by Customer and its Authorized User(s) to ensure compliance with these Terms of Use and the applicable Order Form(s) or issuance of Your user name and password. For Order Forms or issuance of Your user name and password that include more than one Authorized User, LA2B may audit, upon reasonable prior notice to Customer, Customer’s records regarding Authorized Users and their use of the LA2B Products in order to assess Customer’s compliance with these Terms of Use and the applicable Order Form(s) or issuance of Your user name and password. LA2B may suspend Customer and its Authorized Users’ access to any or all LA2B Products upon any material violation of these Terms of Use or the applicable Order Form(s) or issuance of Your user name and password, until such violation is remedied.

6. No unlawful or Prohibited Use

6.1 As a condition of your use of this Website, you warrant Us that you will comply with all applicable laws, legislations and regulations, including but not limited to international law, the laws and legislation of the European Union and those of the United States of America (particularly those providing international trade sanctions against States like Venezuela, Iran and North Korea). In addition, you warrant that you will not use the Website in any way prohibited by these terms, any applicable international or domestic laws or to perform acts and actions that are contrary to the public order as implemented by the United Nations, the European Union and the United States of America. Finally, you warrant to us that you will not use the contents available in this Website to perform any criminal actions or activity, as internationally recognized and considered as such, including but not limited to child pornography, acts of terrorism, cyberattacks, environmental damages, defamation, commercial or corporate espionage.

6.2 You are free to cite, in your paper and reports and academic articles, the texts and information and articles present in this Website but not in a matter that distorts its original meaning and significance or that, based on the context, produces a negative impact on the business reputation of Us or this Website.

6.3 You may, on an occasional and irregular basis, use minor portions of the contents present in this Website for educational purposes, provided that you include a clear source and copyright attribution to Us and the author(s). We generally speaking are open to allow people and entities to use and employ the reports and articles present in this Website, as well as our paid versions of the reports, for educational purposes, but we do invite those wishing to use our contents and material for this purpose to previously contact us in order to obtain a full, free of charge, educational license.

6.4 You may not reproduce, modify or exploit any of the contents of this Website for commercial purposes.

7. Disclaimer - Limitations of Liability

7.1 Nothing on this Website constitutes business, commercial or legal advice or gives rise to an advisor/client relationship. The contents of this Website are for general informational purposes only. Whilst we endeavor to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission. We shall not be liable for any damage (including, without limitation, damage for loss of business or loss of profits) arising in contract, tort or otherwise from the use of, or inability to use, this site or any material contained in it, or from any action or decision taken as a result of using this site or any such material.

7.2 Some of the material on this site may have been prepared some time ago, even before the date that appears as the publication date. We do not accept any liability for any damage arising as result of the fact that some of the information have become out of date. 

7.3 In the preparation of the articles available in this Website, we do our best to select and use the best available sources but we do not make any warranty in relation to the accuracy of data and information contained in the contents, articles, tables and other data and we do not accept any liability for error or omission.

7.4 We make no warranty that this Website will be uninterrupted and timely.

7.5 We make no warranty that this Website will be secure and free from viruses, malwares or other cyberattacks and IT dangers and by visiting this Website, you agree and recognize that We, as the owners of this Website, we will not be liable for any damage or loss incurred by You as a consequence of any virus or malicious activity incurred or derived from the visit of this Website.

7.6 LA2B warrants that the LA2B Products are based on LA2B’s reasonable efforts to compile and analyze the best sources reasonably available to LA2B at any given time; provided, however, any opinions reflect LA2B’s judgment at the time and are subject to change. LA2B does not give investment advice, or advocate or recommend the purchase or sale of any security or investment. LA2B Products may include facts, views, opinions, and recommendations of individuals and organizations deemed of interest by LA2B. LA2B does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse, these views, opinions, or recommendations. LA2B will comply with all Laws applicable to the LA2B Products, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and any other applicable anti-corruption Laws.

7.7 EXCEPT FOR THE WARRANTIES EXPRESSLY IDENTIFIED AS SUCH IN THESE TERMS OF USE OR THE APPLICABLE ORDER FORM(S) OR ISSUANCE OF YOUR USER NAME AND PASSWORD, LA2B PRODUCTS ARE PROVIDED “AS IS,” AND LA2B MAKES NO, AND HEREBY DISCLAIMS ALL, OTHER WARRANTIES OF ANY KIND REGARDING THE LA2B PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7.8 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

8. Links to Third Parties

8.1 This Website may contain links to websites operated by third parties, that are provided for reference only. We do not have control over such websites and we are not responsible for their contents. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on these websites or any association with their holders. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk, including but not limited to the terms and extent of such third-party website’s privacy policy.

9. Indemnity

9.1. IN NO EVENT WILL LA2B BE LIABLE TO CUSTOMER, ANY OF ITS AUTHORIZED USERS, OR ANY OTHER PARTY, FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE LA2B PRODUCTS, OR FOR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LA2B’S LIABILITY, IF ANY, ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IN ANY WAY CONNECTED WITH ANY ORDER FORM, THESE TERMS OF USE OR ANY LA2B PRODUCTS, WILL NOT EXCEED THE AMOUNT PAID TO LA2B UNDER THE APPLICABLE ORDER FORM.

9.2 You agree to indemnify and hold Us harmless from any demands, losses, liability, claims or expenses (including attorneys' fees), made against Us by any third party due to or arising out of or in connection with (a) your visit or access of this Website; (b) your violation of these Terms of Use or any applicable piece of legislation; (c) your violation of any rights of any third party; or (d) any disputes or issues between you and any third party.

10. Information Pursuant to Article 2250 of the Italian Civil Law

10.1 This website is registered and run by the Italian company i2p Consulting SRL, with its registered office in Rome, via del Falco n.34, 00193. i2p Consulting is registered in the Commercial Registry of Rome ("Ufficio del Registro delle Imprese") with number REA RM-1307089. i2p consulting has a single shareholder ("società con unico socio") and has a share capital, totally paid in full, of 10,000 euro.

11. General Terms

11.1 Customer may not assign or transfer its rights under these Terms of Use or any Order Form or issuance of Your user name and password unless otherwise agreed in writing by LA2B.

11.2 If any provision of these Terms of Use or an Order Form or issuance of Your user name and password is held to be invalid under applicable law, the remaining provisions will continue in full force and effect.

11.3 These Terms of Use and each Order Form or issuance of Your user name and password can only be changed by an agreement in writing signed by LA2B and the applicable Customer. Each Order Form may be executed in counterparts.

11.4 LA2B and the applicable Customer each will, in connection with the provision or use of the LA2B Products (as appropriate), comply with all applicable Laws.

11.5 Each of LA2B and the applicable Customer was given the opportunity to consult with counsel of its choice regarding these Terms of Use and each Order Form or issuance of Your user name and password.

11.6 Each of LA2B and the applicable Customer will retain in confidence all information and trade secrets received from the other under any Order Form or issuance of Your user name and password or these Terms of Use that have been designated as proprietary and/or confidential, or by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and will make no use or disclosure of such information or trade secrets except under the applicable Order Form(s) or issuance of Your user name and password and these Terms of Use. However, if LA2B and Customer have executed a confidentiality or nondisclosure agreement in connection with the LA2B Products, the terms of such agreement will govern the parties’ confidentiality obligations under these Terms of Use and the Order Form(s) or issuance of Your user name and password.

11.7 Except as otherwise expressly set forth in these Terms of Use and the Order Form(s) or issuance of Your user name and password executed by Customer and LA2B, these Terms of Use and such Order Form(s) or issuance of Your user name and password constitute the entire agreement of Customer and LA2B regarding the LA2B Products. In no case will any preprinted terms on any Customer order form, purchase order or similar document have any effect as between LA2B and the applicable Customer.

11.8 We may change these Terms of Use at any time. We may notify Customers of the changes in writing or electronically (including by email or by posting a notice on the LA2B Products that these Terms of Use have been "updated" or similar words). The changes also will appear in this document, which You can access at any time through the Terms of Use link at the footer of the LA2B Products made available through a website. By using a LA2B Product after changes are made to these Terms of Use, You signify that You agree to be bound by such changes. If any changes are unacceptable to You, contact Us in writing to discuss the matter.

12. Governing Law - Dispute Resolution

12.1 To the fullest extent permitted by law, you agree that all matters relating to your access to or use of the Website and Our Services, including all disputes, will be governed by the laws of the United States of America and by the laws of the State of New York excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising hereunder or relating hereto shall be resolved by binding arbitration in New York, New York governed by the Commercial Dispute Resolution Procedures of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA and decided by a single neutral arbitrator.

This document describes our Website Terms of Use as on 31 October 2019.

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