PRIVACY

TERMS OF USE

SECURITY

PRIVACY POLICY

This Privacy Policy (“Policy”) explains how information about you or associated with you (“personal information”) is collected, used and disclosed by Latin Social Club  and its affiliates, (“Latin Social Club,” “we” or “us”). This Policy covers our treatment of personal information when you use or sign up as a member of the Latin Social Club Chatline service (the “Chatline”), or use and interact with Latin Social Club website (“Website”) and applies only to the practices of the companies we own, control, or are united with under common control (collectively, the “Services”).

1. INFORMATION WE COLLECT

The categories of information we collect can include:

Information You Provide.

Some users may utilize our Services without registering for a membership. In those instances, we may collect your phone number, dating gender preferences, gender, geographic region (as determined by the local phone number you chose to call) and information about your phone, such as whether it is a mobile phone or landline and information about your carrier or device. When you register for our Services, we may collect a variety of additional personal information, such as your email address, website password, birth date, city, state, credit card number and billing information. When you call our Chatline, we also collect and record your verbal user messages such as your greeting and other messages. You control how much personally identifying information you wish to provide in your greeting and other messages. If you take part in any interactive features of the Services (such as any notification features, contests, games, promotions, quizzes, surveys, research or other services or features), we may collect additional types of personal information. We may also collect any messages you send when you communicate with us. We collect this information online on our Website and through verbal and key press communication on our Chatline. If you input your membership ID, your actions across the website and the Chatline may be linked.

We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you text and email messages. You can control your receipt of email and text alerts by visiting “Manage Contact Permissions” within the “Manage Subscriptions” page on our website. We may also send you Service-related emails or text messages (e.g., local area access phone numbers, account verification, order confirmations, change or updates to features of the Service, technical and security notices). You may not opt-out of Service-related e-mails or text messages. For more information about your communication preferences, see “Your Choices Regarding Your Information” below.

Information About How You Use the Services.

We may collect information about your participation and actions on the Services. This may include information such as the web pages you view, how you use and engage with our Services, the messages you record on our Chatline, such as your greeting, how you connect and share information with other users of our Services, and your free trial membership usage, your purchased membership packages and remaining balance. It can also include the various functions and features of the Service that you use, such as the HotList, mailbox and messaging, the connections you make, and other friends or contacts you invite to the Services.

Information We Collect From Social Networking Sites.

When you interact with our site through various social media, such as when you Like us on Facebook or share through another social media site, we may receive information from the social network such as your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.

Information Automatically Collected.

We automatically collect certain types of usage information when you visit our Website or use our service. When you visit the Website, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Latin Social Club help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Website (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service.

We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted advertising; (c) to provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service. We may associate information we automatically collect with your other information.

2. SHARING PERSONAL INFORMATION WITH THIRD PARTIES

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices Regarding Your Information” section below.

We may share your personal information with:

  • Other companies owned by or under common ownership as Latin Social Club, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
  • Third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving advertisements, content or service fulfillment, or providing analytics services;
  • Our business partners who offer a service to you jointly with us, for example, when running a co-sponsored contest or promotion;
  • Third parties who we think may offer you products or services you may enjoy;
  • Third parties at your request. For example, on our voice services, you may elect to be transferred to a third party after hearing a third party advertisement and providing a keypress to continue to the third party’s messaging. In that instance, we will transfer your phone number and the live call from our service to the third party service and this privacy policy will no longer apply.
  • Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
  • Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (iii)investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Latin Social Club, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.

Remember, our Services allow you to connect with others and share information about yourself with other individuals. Consider your own privacy and personal safety when sharing your information with anyone. Also, when sharing information about others you meet through the Service, please consider their safety and privacy and get their consent for that sharing.

3. YOUR CHOICES REGARDING YOUR INFORMATION

Marketing Communications. You can control your communication preferences by visiting “Manage Contact Permissions” in the “Manage Subscriptions” section of our website. You can also click the “unsubscribe” button on promotional email communications. You can text “STOP” to opt-out of further text message communications. On our Chatline, you can select the option to talk with Customer Service to change your communication preferences by phone. Note that you are not permitted to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, password or local area number requests, order confirmations, change or updates to features of the Service, or technical and security notices.

Online Advertising. We may share certain information with online advertising networks so that they may play or display ads that may be relevant to your interests on our Services as well as on other websites or apps. Typically, the information we share is provided through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser. Please refer to your browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org.) Depending on your mobile device, you may not be able to control tracking technologies through browser settings.

Data Retention: We will retain your information for as long as your account is active or as needed to provide you services. If your account becomes inactive, we will maintain your personal information in the event you wish to re-engage in our Service.

4. SECURITY AND STORAGE OF INFORMATION

Latin Social Club cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

5. PERSONS UNDER THE AGE OF 18

Persons under the age of 18 are not eligible to use our Services. The Services are not directed to persons under 18 and we do not intentionally collect or maintain information from persons under 18. If you become aware that personal information about a person under 18 has been provided to us, please immediately contact us using the details below.

The Services may, from time to time, contain links to and from third party websites of our partner networks, advertisers, partner merchants, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.

7. UPDATES TO THIS POLICY

We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the “Last Revision” date below and will post the updated Policy on this page.

8. YOUR CALIFORNIA PRIVACY RIGHTS

Latin Social Club collects various types of personal information about you both online and offline, as described in this privacy policy. Under California law, Latin Social Club customers who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:

In the United States:

Attn: Privacy Officer
Latin Social Club,
1685 H Street, Suite 615
Blaine, WA 98230
Fax (604) 678-9368
Email: Privacy Officer

Alternatively, you may send us an email at privacy@latinsocialclub.com with the words “California Privacy Rights” in the subject line.

9. CONTACTING US

If you have questions about this Policy, please contact us at privacy@latinsocialclub.com or by writing to us at:

In the United States:

Attn: Privacy Officer
Latin Social Club,
1685 H Street, Suite 615
Blaine, WA 98230
Fax (604) 678-9368
Email: Privacy Officer

In Canada:

Attn: Privacy Officer
Latin Social Club,
303 Pender Street, Suite 300
Vancouver, B.C. V6B 1T3
Fax (604) 678-9368
Email: Privacy Officer

10. LAST REVISION DATE

This Policy was last revised on, and effective as of, June 11, 2018

TERMS OF USE

Welcome to Latin Social Club, the best place to meet local singles for dating, friendship, or phone chat. By using the Latin Social Club Chatline service (the “Chatline”) or our Latin Social Club website (the “Website”) including any associated SMS or premium SMS services (“Mobile Services”), operated by Latin Social Club or any of their affiliated companies (collectively, the “Company” “We” or “Us”), or by signing up as a member or as a trial member to use the Chatline (a “Member”), you agree to all of the terms and conditions of this Agreement, either as a user (a “User”) or a Member. The website, the Chatline and Mobile Services are collectively referred to in this Agreement as (the “Services”).

This Agreement sets out your agreement with us with respect to your use of the Services as well as our ability to communicate with you. We may amend this Agreement from time to time, such modifications to be effective upon posting on the Website. You are required to abide by all of the terms and conditions contained in this Agreement, as amended from time to time by us, in order to become or remain a User or Member. If you do not agree to these terms and conditions, you may not use the Services.

1. Eligibility

You must be eighteen (18) years of age or older to be a User or Member of the Services. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Right of Use

Your right to use the Services is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.

3. Term and Termination

This Agreement will remain in full force and effect while you are a User or Member of the Services. If you become a Member of the Services, you may terminate your membership at any time by ceasing to use or access the Services, or by contacting our Customer Service at 1-800-410-3535; however, you will not be refunded any monies paid for your membership upon such termination. We may terminate your membership at any time, and for any reason. If we terminate your membership in the Services because you have breached this Agreement, you will not be refunded any monies paid for the Services. Upon termination of this Agreement, sections 4, 6, 7, 9, 11-13, and 15-17 of this Agreement shall remain in effect.

4. Conduct

You agree to use the Services in accordance with the following conduct:

  • you will keep all information provided to you through the Services as private and confidential and will not give such information to anyone or use such information without the express permission of the person who provided it to you;
  • you will not use the Services to engage in any form of harassment, illegal, immoral or offensive behavior, including but not limited to the posting of communications, pictures, or audio or video recordings which contain, depict or suggest libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images, or promotes bigotry, hatred or physical harm of any kind against any group or individual;
  • you will not record, reproduce, post or distribute any audio or video communications between you and another User or Member of the Services, including any messages, pictures or recordings you obtained from the Services or your use of the Services;
  • you will not use the Services in any way which (i) violates, plagiarizes or infringes upon the rights of any person, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, including other intellectual property rights; (ii) is fraudulent, misleading or otherwise unlawful or violates any law, rules, or regulations in Canada, the United States or any relevant jurisdiction in which you use the Services; or (iii) promotes or results in communications concerning illegal activities or conduct such as making or buying illegal weapons, selling drugs, soliciting prostitution or violating someone’s privacy; and
  • you will not use the Services to distribute, promote or otherwise publish any material containing any solicitation for funds, or advertising or solicitation for goods or services.

We will investigate and take appropriate legal action in our sole discretion against anyone who violates any of the above conduct, including without limitation, removing the offending communication from the Services and terminating the membership of such violators.

5. Content and Monitoring

Each User or Member is solely responsible for his or her content when using the Services, whether or not it is monitored and/or removed from the Services by us. You agree that any content in a User’s or Member’s greeting and/or message associated with such User’s or Member’s use of the Services (the “Content”) may be monitored and subsequently removed from the Services if, in our sole discretion, such Content is found to be offensive, illegal, appears harmful or threatening to another User or Member, or violates the rights of another User or Member or the terms and conditions of this Agreement. We reserves the right to monitor all messages, postings, and audio and video recordings from time to time to ensure that they conform to the content guidelines which may be applicable. You understand that by using the Services, you may encounter content that may be found offensive, indecent, or objectionable by some people, which may include explicit or suggestive language.

6. Mobile Services

By replying YES to the program’s mobile short code, or by replying with the keyword displayed as enabling a call to action on an associated short code, or, if you are accessing the Services by voice connection, by remaining on the Services beyond the point where you are prompted that you are agreeing to these terms of use, you are agreeing to allow us to send you SMS messages and you are agreeing to accept the charges presented to you for the selected Mobile Services program. These charges may be billed directly to your wireless account (message and data rates may apply) by your wireless, telecommunications, or other carrier (“Carrier”) or may be deducted from your Membership. Additional charges may be applied to Mobile Services by your Carriers such as message and data rates as well as access charges. Carefully consider the opt-in details for each program for applicable pricing before accepting. To stop any Mobile Services at any time, send a text message with STOP, END or QUIT to the program’s mobile short code. In addition, you can go to the websites and under “My Account”. Your mobile device must have text messaging capability to use any Mobile Services. By opting into any Mobile Services you represent that you are the owner of the mobile device and that you are at least eighteen years old. If the service you’re opting in for is a premium rate wireless service (PSMS). The cost of the service will be displayed clearly in the call to action. Your wireless phone bill will be charged the PSMS cost of the service. Additional fees/charges may apply such as any messaging or data fees your Carrier charges you to send and receive text messages. Charges will appear on your wireless phone bill or be deducted from you prepaid balance. Contact your wireless provider for more information on other fees they charge you for sending and receiving text messages.

7. Fees and Payments

In order to use the Services, Users and Members may purchase pre-paid membership packages of minutes or charge their minutes on their telephone bills. Memberships (other than trial memberships) will be deactivated after 90 days without using your paid membership, which excludes the use of promotional offers of free minutes, but may be re-activated by the Member upon contacting customer service. Any minutes charged for maintenance fee during the period of non-usage will not be refunded. If your usage of the Services is terminated because of your breach of this Agreement or because of your voluntary deactivation or termination of your membership, any unused minutes will automatically and immediately be forfeited. Minutes and membership packages cannot be transferred from one Member to another Member. All trial memberships may be deactivated or terminated by us at any time.

You agree to pay or cause to be paid all fees and charges incurred in connection with your use of the Services or your purchase of pre-paid membership packages (including any applicable taxes in connection with the purchase of the minutes or pre-paid membership packages) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. We reserve the right to correct any errors or mistakes made even if we have already requested or received payment. We may change our pricing and payment policies at any time, including our fees and charges in effect for using the Services, or add new fees or charges, by posting our new pricing on the Website from time to time.

Members and Users may use various payment methods to purchase minutes or membership packages, which are posted on the Website. We reserve the right to change the manner or method in which we charge Members for minutes or membership packages, and the method of payment which is acceptable to us, at our sole discretion. The terms of your payment will be based on your payment method and may be further determined by agreement between you and the financial institution, credit card issuer or other provider of your chosen payment method (“Payment Method Provider”). You acknowledge and agree that we can and will retain your payment information including credit card numbers to facilitate future purchases. If we do not receive payment from your Payment Method Provider, you agree to pay immediately to us all amounts due from your use of the Services. Should your financial institution return or deny your payment transaction, you agree that we may collect a service charge of $40 USD or the maximum allowed by law. If we do not receive payment we reserve the right to refer your payment transaction to an outside collection agency and/or an attorney in which case you will be responsible for all costs, damages and fees that are incurred in the process of resolving any debt created by this transaction. You understand and acknowledge that your personal account information may be submitted to various credit bureaus and/or national verification systems. This may affect your personal credit rating and may block you from processing further transactions. You are solely responsible for, and we will not accept any liability to you for any access or usage charges charged by a Carrier related to any device that you use to access the Services, including, without limitation, usage charges for mobile telephones including SMS messaging and/or data charges, Windows devices, car navigation systems, pagers, Smart Phones and other devices, whether wireless or wireline. Fees and payments are between you and your wire or wireless phone service provider and are subject to the terms and conditions you agreed to with your wire or wireless phone service provider.

You also are responsible for any fees or charges incurred to access the Services, including but not limited to telephone charges, long distance charges or mobile phone charges including Messaging and/or Data charges.

YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR THIRD PARTY’S WIRELESS INVOICE, WHICH WERE NOT AUTHORIZED BY YOU.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION REQUIRED FOR YOUR CHOSEN PAYMENT METHOD, AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELLED (E.G. FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR MEMBERSHIP NUMBER OR PASS CODE. CHANGES TO SUCH INFORMATION CAN BE MADE BY CALLING CUSTOMER SERVICE AT 1-800-410-3535. IF YOU FAIL TO PROVIDE US ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE WILL NOT BE LIABLE FOR CHARGING YOU OR DEDUCTING MINUTES FROM YOUR PREPAID MEMBERSHIP PACKAGE FOR ANY USE OF THE SERVICES UNDER YOUR MEMBERSHIP UNLESS YOU HAVE TERMINATED YOUR MEMBERSHIP FOR THE SERVICES

8. Privacy and Use of Information

By using the Services you have agreed to our Privacy Policy. You acknowledge that (a) the Company cannot ensure the security or privacy of information you provide through the Internet and email, or while using the Services, and you release us from any and all liability in connection with the use by other parties of the information you provide; (b) the Company is not responsible for, and cannot control, the use by others of any information which you provide while using the Services and you should use caution in selecting the personal information you provide to others through the Services; (c) while any audio and video recordings of other Users or Members is prohibited under this Agreement, some Users or Members may violate these restrictions and make recordings of you and/or any information that you may provide, and you release the Company from any and all liability in connection with the use of any such recordings by other parties; and (d) the Company cannot assume any responsibility for the content of messages left by other Users or Members of the Services, and you release the Company from any and all liability in connection with the content of any communications you may receive from other Users or Members.

9. Removal of Information

While we do not and cannot review every message or other material sent by Users or Members, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete or remove messages or materials that we, in our sole discretion, deem to violate the terms of this Agreement or any applicable content guidelines, or to be otherwise unacceptable by us.

10. Proprietary Information

The Services contains information which is proprietary to us, our partners and our Users. To the extent possible, we assert full copyright protection in the Services. Information posted by us, our partners or our Users and Members may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

11. External Links

The Website may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for, and have no liability for the availability of External Links or their contents.

12. Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Services, including without limitation any breach by you of this Agreement, including but not limited to any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

13. No Warranties

You acknowledge that use of the Services is at your own risk. We are not responsible for any conduct of, or incorrect or inaccurate content or other information communicated by, a Member or User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, member or user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of emails or hardware on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to a Member’s or User’s or other person’s computer related to or resulting from participating or downloading materials in connection with the Services. Under no circumstances will we be responsible for any loss or damage resulting from use of the Services by a Member or User, or for any content communicated by or to a User or Member using the Services. The Services are provided “as-is” and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.

14. Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES IN WHICH THE DISPUTE COVERS.

15. Disclosure and Other Communication

We reserve the right to contact Users and Members for the purpose of informing them of changes or additions to the Services, or of any of our related products and services, subject to our compliance with any relevant laws and regulations. We reserve the right to disclose information about your usage of the Services and demographics in forms that do not reveal your personal identity. Your use of the Services constitutes your consent to such disclosures and communications subject to the terms of our Privacy Policy.

16. Membership & Pass code

When you become a member, you will be assigned a membership number and asked to select a passcode. You are responsible for the confidentiality and use of your membership number and passcode, and agree not to transfer or resell your use of, or access to, the Services to any third party. If you have reason to believe that your membership account is no longer secure, you must promptly change your passcode by updating your account information, or by contacting Customer Service at 1-800-410-3535. You are solely responsible for maintaining the accuracy of your membership account information and the confidentiality of your membership number and passcode, and for any and all activities on the Services that are conducted through your membership account or using your passcode, including but not limited to use of your passcode by any third party.

17. Disputes, Governing Law and Arbitration

This Agreement, along with your membership and your use of the Services shall all be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Washoe County, Nevada for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the following provision regarding arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.

In the unlikely event that we have not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any we claim for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Washoe County, Nevada, unless you and the Company agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of the Company’s proprietary interests.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

18. Entire Agreement

This Agreement constitutes the entire agreement between you and the Company regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement may be modified by us from time to time, such modifications to be effective upon posting on the Website. If you do not agree to any modifications, you should terminate your use of the Services. Your continued use of the Services now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Please contact us with any questions you may have regarding this Agreement, or if you would like us to send you a copy of this Agreement.

SECURITY

 

Latin Social Club places great emphasis on customer confidence and confidentiality. To support this, we follow strict security practices in order to protect your information while you enjoy products like Latin Social Club.

1. Internet Security

At Latin Social Club, access to our member services, databases and financial systems is strictly managed. We have technology and procedures in place to ensure security is not breached, including the physical security of our computer hardware and telecommunications systems. However, it is important to note that you also have a role to play in the security of your personal information.

2. What Can I Do?

Keep your membership number and pass code secure. Never share them with anyone, as they are your private keys to your membership, your personal information, and the time you have purchased on Latin Social Club.

We recommend:

  • Keep your numbers secure and confidential. No sharing!
  • Do not choose a pass code that is easy to guess, like “1234” or your date of birth.
  • If you have to write your numbers down, make sure you store them in a place that only you have access to.
  • Most importantly, no one should ever ask for your membership number or pass code while you are using Latin Social Club. The only exception to this is if you have placed a call to our Customer Service. Our agents may ask for your numbers to verify your identity. If someone you are talking with on Latin Social Club asks for your numbers, please flag him or her for the attention of Customer Service by pressing 0 (zero) on your phone.
  • Keep tabs on your membership balance. Any changes that are not familiar may indicate someone has gained access to your membership. Contact our toll-free, 24-hour Customer Service at 1-800-410-3535 immediately if this happens.

3. What About my Computer?

Our communication with you is strictly confidential. However, once an email arrives in your computer, it is up to you to protect the information contained in it. For example, if you change your pass code online, we will send you an email to confirm the change. Since this email will contain your pass code, it should be kept secure. The safest route is to delete the mail, but some applications use a Recycle Bin feature, so that must be emptied after deleting the mail, or it will still be available to prying eyes. Here are some general security practices for your computer, many of which are practical if you share your computer with other users, or if you use a public computer to access the Internet:

  • Never leave your computer unattended when signed in to our Members area.
    • It’s easy to sign out with one click and, if you have activated the Remember Me option, signing back in to the Members area only requires you to enter your pass code. For more complete security, close your browser window when leaving your computer.
  • Periodically clear your cache/Temporary Internet Files
    • Your Web browser stores information from the Web on your hard drive (in unencoded form) to improve performance. These files remain until they are erased. In Internet Explorer, you can erase these files by going to Tools\Internet Options\General\Temporary Internet Files and clicking the Delete Files button. In Netscape Navigator, you can find it under Edit\Preferences\Advanced\Cache.
  • Disable the automatic password save features in your Web browser.
    • This feature is meant to be a convenience, but actually memorizes your passwords and auto-completes them for you (or for anyone else!) when you start to type them in.
  • Use an anti-virus program and keep virus definitions up to date.
  • Use a firewall.
    • Either available in hardware or software form (some are even downloadable for free!), a firewall will keep intruders out of your computer. A firewall is even more critical if you have a full-time Internet connection (such as a cable modem or DSL line).
  • Use the latest versions of your software, and install all security patches released for it.
    • Browser manufacturers update their software with patches whenever a security hole is discovered. Check their Web sites regularly and install everything security-related.
  • Turn off your computer when not in use, or disconnect it from the Internet.
  • Disable scripting features in email software.
    • Some email applications use the same code, and therefore have the same vulnerabilities, as Web browsing applications.
  • Back up your data!
    • Store important information outside of your computer, on CD-ROMs, floppy disks or ZIP disks. Password protect these disks for extra security.
  • Make a boot disk
    • In case of major damage to your system, a boot disk will enable you to start your computer and retrieve critical data before you make repairs.

4. What are you doing about my security?

The success of our business depends on the security of our customer information. To this end:

  • We ensure your personal and financial information is protected within our in-house member service systems and databases.
  • We ensure that access to your membership is only given when a correct combination of membership number and pass code is provided on the phone system and a correct combination of membership number, pass code and email address on the web site.
  • For further protection, we automatically sign you out of your session after a few minutes when there has been no activity. You will need to sign back in to the Members area if this happens.

Please read our Privacy Policy to learn more about how we treat your personal information.