The terms and conditions were last updated on September 16, 2022.

1. Introduction

These Terms and Conditions apply to this website and the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any product or service you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of the additional contracts will prevail.

2. Binding Agreement

By registering on this website, accessing it, or using it in any other way, you agree to be bound by the conditions set forth below. The mere use of this website implies knowledge and acceptance of these Terms and Conditions. In some specific cases, we may also ask you to accept them explicitly.

3. Electronic Communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our website or send you an email, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement, including, among others, the requirement that such communications be in writing.

4. Intellectual Property

We or our licensors own and control all copyright and other intellectual property rights in the website, as well as the data, information, and other resources displayed or accessible within the website.

4.1 All rights reserved

Unless the specific content states otherwise, you are granted no license or any other right under copyright, trademarks, patents, or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or make use of any resource from this website in any form, without our prior written permission, except and only to the extent that it is stipulated otherwise in mandatory legal rules (such as the right of citation).

5. Third-Party Ownership

Our website may include hyperlinks or other references to third-party websites. We do not control or review the content of third-party websites accessed from this website. The products or services offered by other websites will be subject to the applicable Terms and Conditions of those third parties. The opinions expressed or materials appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for the privacy practices or content of these sites. You assume all risks associated with the use of these websites and any related third-party service. We will not accept any responsibility for any loss or damage, in any way it occurs, resulting from your disclosure of personal information to third parties.

6. Responsible Use

By visiting our website, you agree to use it only for the intended purposes and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or our services to use, publish, or distribute any material that consists of (or is linked to) malicious computer software; use the data collected on our website for any direct marketing activity, or engage in any systematic or automated data collection activity on or in relation to our website.

It is strictly prohibited to engage in any activity that causes or may cause damage to the website or interferes with its operation, availability, or accessibility.

7. Submission of Ideas

Do not submit ideas, inventions, authored works, or other information that may be considered your own intellectual property and that you would like to present to us, unless we have first signed an agreement regarding intellectual property or a non-disclosure agreement. If you communicate this to us in the absence of such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, and royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future medium.

8. Termination of Use

We may, at our sole discretion, modify or suspend access to the website or any of its services at any time, temporarily or permanently. You agree that we will not be liable to you or any third party for any modification, suspension, or interruption of your access or use of the website or any content you may have shared on the website. You will not be entitled to any compensation or any other payment, even if certain functions, settings, and/or any Content you contributed to or relied upon are permanently lost. You must not circumvent or avoid, or attempt to circumvent or avoid, any access restriction measures on our website.

9. Warranties and Liability

Nothing in this section will limit or exclude any implied warranty that it would be illegal to limit or exclude. This website and all its content are provided “as is” and “as available” and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, regarding the availability, accuracy, or completeness of the Content. We do not guarantee that:

• this website or our content will meet your needs;
• this website will be available uninterrupted, timely, secure, or error-free.

Nothing contained on this website constitutes or is intended to constitute legal, financial, or medical advice of any kind. If you need advice, you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability regarding any matter that would be unlawful or illegal for us to limit or exclude our liability. In no event shall we be liable for any direct or indirect damage (including any damage for loss of profits or revenues, loss or corruption of data, software, or database, or loss or damage to property or data) incurred by you or any third party, arising from your access or use of our website.

Except to the extent that any additional contract expressly states otherwise, our maximum liability to you for all damages arising from or related to the website or any product or service marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intentional misconduct, tort, or any other form) will be limited to the total price you paid us to purchase such products or services or use the website. This limit will apply collectively to all your claims, actions, and causes of action of any kind and nature.

10. Privacy

To access our website and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct, and up to date.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

11. Accessibility

We are committed to making the content we offer accessible to individuals with disabilities. If you have a disability and cannot access any part of our website due to your disability, please let us know, including a detailed description of the problem you encountered. If the problem is easily identifiable and can be resolved according to standard industry information technology tools and techniques, we will resolve it promptly.

12. Export Restrictions / Legal Compliance

Access to the website from territories or countries where the Content or the purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of the United States.

13. Assignment and Transfers

You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

14. Breaches of these Terms and Conditions

Without prejudice to any other rights we may have under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take any measures we consider appropriate to address the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or initiating legal action against you.

15. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, and expenses related to the violation of these conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs, and expenses related to or arising from such claims.

16. Waiver

The failure to enforce any provision of these Terms and Conditions or any Agreement, or the lack of exercise of any termination option, will not be interpreted as a waiver of such provisions and will not affect the validity of these Terms and Conditions or any Agreement or any part thereof, nor the subsequent right to enforce any and all provisions.

17. Language

These Terms and Conditions will be interpreted and analyzed exclusively in Spanish. All notifications and correspondence will be drafted exclusively in that language.

18. Entire Agreement

These Terms and Conditions, along with our Privacy Statement and our Cookie Policy, constitute the entire agreement between Emergent Cold LatAm Management LLC and you regarding your use of this website.

19. Update of these Terms and Conditions

We may update these Terms and Conditions from time to time. The date indicated at the beginning of these General Conditions is the last revision date. We will notify you in writing of any changes or updates, and the revised Terms and Conditions will take effect from the date we send you such notification. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to comply with and be bound by these Terms and Conditions. To request a previous version of these Terms and Conditions, please contact us.

20. Choice of Law and Jurisdiction

These Terms and Conditions will be governed by the laws of the United States. Any dispute related to these Terms and Conditions will be subject to the jurisdiction of the courts of the United States. If a court or other authority finds that any part or provision of these Terms and Conditions is invalid and/or unenforceable under applicable law, that part or provision will be modified, removed, and/or enforced to the greatest extent possible to effectuate the intent of these Terms and Conditions. The remaining provisions will not be affected.

21. Contact Information

This website is owned and operated by Emergent Cold LatAm Management LLC.

You can contact us regarding these terms and conditions by writing to us or sending an email to the following address: [email protected]
1111 Lincoln Blvd Ste 500, Miami, Florida, 33139

22. Download

You can also download our terms and conditions as a PDF.