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TERMS AND CONDITIONS

Last updated: August 31, 2021

AGREEMENT TO TERMS

These terms and conditions constitute a legally binding agreement made between you, either personally or on behalf of an entity and Fonseca Advisers, in connection with your access to and use of our website, as well as any other form of media, media channel, mobile website or related, linked or otherwise connected mobile application. You agree that, by accessing the site, you have read, understood, agreed to be bound by all of these terms and conditions. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY STOP USING THE SITE.

Any supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason. We will notify you of any changes by updating the “last updated” date of these terms and conditions, and you waive any right to receive specific notice of each such change. Please be sure to check the applicable terms and conditions each time you use our site to understand which terms and conditions apply. You will be bound by any changes to the revised terms and conditions and will be deemed to have accepted them by your continued use of the site after the date of posting of such revised terms and conditions.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirements in such jurisdiction or country.

Accordingly, those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, the Site is our property and all source code, functionality, software, website designs, audio, video, text, photographs, graphics on the Site (collectively, the “Content”) and trademarks, the service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and other intellectual property rights and unfair competition laws of the United States and Colombia, international copyright laws and international conventions. Except as expressly provided in the terms and conditions, no off-site content or marks may be copied, reproduced, added to, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without prior written permission.

Provided that you are eligible to use this site, you are granted a limited license to access and use the site in downloading or printing one copy of any portion of the content that you have properly accessed only for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the content in the marks.

USER STATEMENTS

By using the site, you represent and warrant that 1. you have legal capacity and agree to comply with these terms and conditions; 2. you are not a minor in the jurisdiction in which you reside; 3. you will not access this site through automated or non-human means, whether through a bot, script, or otherwise; 4. you will not use this site for any illegal or unauthorized purpose; 5. your use of the site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your personal information and refuse any and all current or future use of the site, or anyone from it.

PROHIBITED ACTIVITIES

You may not access or use this site for any purpose other than that for which we make the site available. This site may not be used in connection with any commercial endeavors except those that are specifically endorsed and approved by us.

As a user of this site, you agree not to:

  1. Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database or directory without reading permission from us.
  2. Cheat, defraud or deceive us and other users, especially in an attempt to obtain any personal information.
  3. Circumvent, disable or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on use of this site and/or the content it contains.
  4. Disparage, tarnish or otherwise harm, in our opinion, us and/or the site.
  5. Use any information obtained from the site for the purpose of harassing, abusing or harming others.
  6. Make appropriate use of our support services or otherwise necessitate false reports of abuse or misconduct.
  7. Use the site in a manner inconsistent with any applicable law or regulation.
  8. Engage in and authorize framing of or linking to the site.
  9. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of all capital letters in spamming (continuous posting of repetitive text), that interferes with Paris’s use and enjoyment of the Site or that modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
  10. Engage in any automated use of the system, such as the use of scripts to post comments or messages, or the use of any data mining, robots or similar data gathering and extraction tools.
  11. Delete copyright or other proprietary rights notices from any content.
    Attempt to impersonate another person and use that person’s personal information.
  12. Interfere with, disrupt or create an undue burden on the site or networks or services connected to the site.
  13. Harass, annoy, intimidate or threaten any of our employees or agents charged with providing you with any part of the site or information.
  14. Attempt to circumvent any site measures designed to prevent or restrict access to the site, or any part of it.

USER-GENERATED CONTRIBUTIONS

The site does not offer users to submit or post content. We may offer you the opportunity to create, submit, post, publish, display, transmit, perform, publish, distribute or disseminate content and materials on or this site, including, but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively, “contributions”). Contributions may be viewed by other users of the Site. As such, any Contributions you transmit may be treated in accordance with the Site’s Privacy Policy. By creating or making available any Contributions, you represent and warrant that:

  1. The creation, distribution, transmission, public display or performance, as well as accessing, downloading or copying of your contributions does not and will not infringe the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights of any third party.
  2. You are the creator and owner or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the site and other users of this site to use your contributions in any manner contemplated by the site and these terms.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such undefined individual person to permit the inclusion and use of your contributions in any manner contemplated by the site and these terms of use.
  4. Your contributions are not false, inaccurate or misleading.
  5. Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
  6. Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory or libelous (in our sole discretion).
  7. Your contributions do not ridicule, mock, belittle, bully, or abuse anyone.
  8. Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of persons.
  9. Your contributions do not violate any applicable law, regulation or rule.
    your contributions do not violate any applicable law relating to child pornography, or intended to protect the health or welfare of minors.
  10. Your contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.
  11. Your contributions do not violate, or link to material that violates, any provision of these terms and conditions or any applicable law or regulation.
  12. Any use of the site in violation of the foregoing violates these terms and conditions and may result in, among other things, suspension of your rights to use this site.

LICENSE TO CONTRIBUTE

You and the site agree that we may access in-store any information about personal data you provide by following the privacy policy and your choices.

By submitting suggestions or other feedback in connection with the site, you agree that we may use in the chair such feedback for any purpose without compensation to you.

You retain full ownership of all your contributions and of any intellectual property or other proprietary rights associated with your contributions. We are not responsible for any statements or representations in your contributions provided by you in any area of the site. You are solely responsible for your contributions to the site and you expressly agree to hold us harmless and refrain from taking any legal action against us in connection with your contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to this site (“Submissions”) that you provide to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in such submissions, and warrant that such submissions are your original submissions and that you have the right to submit them. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to 1. monitor the site for violations of these terms and conditions; 2. take appropriate legal action against anyone who, in our sole discretion, violates the law where these terms and conditions are found, including without limitation, reporting such user to law enforcement authorities; 3. in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to extend technologically feasible) any of your submissions or any part thereof; 4. in our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable files in the content that are excessive or oversized or are otherwise burdensome to our systems; and 5. otherwise manage this site in a manner designed to protect or rights and property and to facilitate the proper functioning of the site.

TERM AND TERMINATION

These terms and conditions will remain in full force and effect while you use the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANYONE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR REMOVE ANY CONTENT OR INFORMATION YOU HAVE PROVIDED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

MODIFICATIONS AND DISCONTINUANCE

We reserve the right to change, modify or remove content from the Site at any time or for any reason, in our sole discretion and without prior notice. However, we are under no obligation to update the information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the site.

We cannot guarantee that this site will be available at all times. We may experience hardware, software or other problems or have to perform maintenance in connection with the site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue, discontinue or otherwise modify this site at any time or for any reason without notice to you. You agree that we have no responsibility or liability for your access to or use of the site during any downtime or interruption of the site. Nothing in these terms and conditions shall be construed to obligate us to maintain and support the site or to provide any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These terms shall be governed by and construed in accordance with the laws of the United States and Colombia. Fonseca Advisers and you irrevocably consent that the courts of New York, Kings County, or Bogota, Colombia, shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these terms.

DISPUTE RESOLUTION

Arbitration

Any dispute arising out of or in connection with this contract, including any question relating to its existence, validity or termination, shall be referred to and finally settled by the Court of International Commercial Arbitration under the European Chamber of Arbitration (Belgium, Brusseles, Avenue Louise, 146) in accordance with the rules of these I CAC, which, as a result of referring to it, is deemed to be the party to this clause. the number of arbitrators shall be two. the seat, or legal place, out of arbitration shall be New York and/or Bogotá. The language of the proceedings shall be English and/or Spanish. The law applicable to the contract shall be the substantive law of New York and/or Bogotá.

Exceptions to Arbitration

The parties agree that the following disputes are not subject to the above provisions regarding binding arbitration (a) any dispute seeking to enforce or protect, or which concerns the validity of, any of the intellectual property rights of either party; (b) any dispute relating to, or arising out of, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c ) Any wipe for injunctive relief. If this provision is deemed unlawful or unenforceable, then neither party shall elect arbitration of any dispute falling within the portion of this provision that is deemed unlawful or unenforceable in such disputes shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agreed to submit to the personal jurisdiction of that court.

Corrections

There may be information on this site that contains typographical errors, errors in accuracy, or omissions, including descriptions, prices, availability, or various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the site at any time without notice.

Limitations of Liability

In no event will we or our directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including ultimate profit, loss of revenue, loss of data or other damages arising from your use of the site, 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 action, shall at all times be limited to the lesser of the amount paid, if any, by you to us. Certain U.S. and Colombian state laws; and international laws do not allow limitation of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers or limitations on this site may not apply to you, and you may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(1) your use of this site;

(2) your breach of these terms and conditions;

(3) any breach of your representations and warranties set forth in these terms and conditions;

(4) your violation of the rights of a third party, including but not limited to intellectual property rights; OR

(5) any overt harmful act towards any other user of the Site with whom you connect through the Site or any social media channel. Without limiting the foregoing, we reserve the right, at your expense, to defend ourselves against such claims. We will use reasonable efforts 10 to notify you of any claim, action or proceeding that is the subject of the same defectation as soon as we become aware of it.

USER DATA

Although we periodically back up data, you are solely responsible for all data transmitted by you or in connection with any activity you undertake using the site. you agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any loss or corruption of such data.

Website Disclaimer:

The information provided by Fonseca Advisers on fonsecaadvisers.com is for general information purposes only. All information on the site is provided in good faith, however, we make no representations or warranties of any kind, express or implied, as to the accuracy, adequacy, validity, reliability, availability or completeness of any information on the site. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, AND ANY RELIANCE ON ANY INFORMATION ON THE SITE IS AT YOUR OWN RISK.

Disclaimer of Testimonials:

The Site may contain testimonials from users of our services. These testimonials reflect the actual experiences and opinions of such users. However, the experiences are personal to those particular users, and are not necessarily representative of all users of our services. We do not intend, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

Testimonials appearing on the Site are presented in various forms, such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim, as given by users, except for correction of grammatical or typing errors. Some testimonials may have been shortened for the sake of brevity when the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials pertain solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

PRIVACY POLICY

Thank you for choosing to be part of our community at Fonseca Advisers. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with respect to your personal information, please contact us.

When you, and in general, use any of our services, we thank you for entrusting us with your personal information. We take your privacy seriously. In this privacy notice, we try to explain as clearly as possible what information we collect, how we use it and what rights you have in relation to it. We hope you will take the time to read it carefully, as it is important. If there is any term of this privacy notice with which you do not agree, please stop using our services immediately.

This privacy notice applies to all information collected through our services described on our website, as well as any related services, sales, marketing or events.

Please read this privacy notice carefully, as it will help you understand what we do with the information we collect.

TABLE OF CONTENTS

  1. What information do we collect?
  2. Will your information be shared with anyone?
  3. Do we use cookies and other tracking technologies?
  4. Is your information transferred internationally?
  5. How long do we keep your information?
  6. Do we collect information from children?
  7. What are your privacy rights?
  8. Controls for Do Not Track features.
  9. Do we update this notice
  10. How can you contact us about this notice?
  11. How can you review, update or delete the data we collect from you?

1. Personal information you disclose to us

In short: we collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the website and express interest in obtaining information about us or our products and services, when you contact us.

The personal information we collect depends on the context of your interactions with us and the choices you make about the products and features you use. The personal information we collect may include the following

  • Company name
  • First and last name
  • Your email address
  • Phone number
  • Comments or messages you leave us
  • Best time to call

1.1 Information collected automatically

In summary: Some information, such as your Internet Protocol (IP) address or the characteristics of your browser and device, is collected automatically when you visit our website.

This information does not reveal your specific identity (such as your name or contact information), but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our website, and other technical information.

Like many companies, we also collect information through cookies and similar technologies.

2. Will your information be shared with anyone?

In short: we only share information with our Fonseca Advisers staff, to comply with laws, to provide services to you, to protect your rights, or to fulfill business obligations.

We do not process or share the data we hold with any business partners, affiliates or any other companies.

The information you shared with us remains with us for sales, marketing, customer service and service purposes.

3. Do we use cookies and other tracking technologies?

In short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (such as web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our cookie notice.

4. Is your information transferred internationally?

In short: We may transfer, store and process your information in countries other than your own.

Our servers are located in the United States and Colombia. If you access our website from outside the United States, please note that your information may be transferred to, stored and processed by us at our facilities in the United States and Colombia.

If you reside in the European Economic Area (EEA) or the United Kingdom (UK), these countries may not necessarily have data protection or other similar laws as comprehensive as those in your country. However, we will take all necessary steps to protect your personal information in accordance with this privacy notice and applicable law.

5. How long do we keep your information?

In short: We retain your information for as long as necessary to fulfill the purposes described in this privacy notice, unless otherwise required by law.

We will only retain your personal information for as long as is necessary for the purposes set out in this privacy notice, unless a longer retention is required or permitted by law (such as tax, accounting or other legal requirements). No purpose of this notice will require us to retain your personal information for longer than 12 months.

Where we have a legitimate and continuing business need to process your personal information, we will delete or anonymize such information or, if this is not possible (for example, because your personal information has been stored in backup files), we will securely store your personal information and isolate it from further processing until such time as deletion is possible.

6. Do we collect information from children?

In short: We do not knowingly collect data from or market to children under the age of 18.

We do not knowingly solicit or market to children under the age of 18.

By using the Website, you represent that you are at least 18 years of age or that you are the parent or guardian of such a minor and consent to such minor’s reliance on your use of the Website. If we learn that personal information has been collected from users under the age of 18, we will deactivate the account and take reasonable steps to promptly delete such data from our records. If you are aware of any data that we may have collected from children under the age of 18, please contact us.

7. What are your privacy rights?

In short: You can review, change or cancel the use of all your information for sales, marketing, customer service and/or any services offered.

You may unsubscribe from marketing email lists at any time by emailing us at info@fonsecaadvisers.com.

8. Controls for Do Not Track features.

Most web browsers on some operating systems and mobile applications include a Do Not Track (DTN) feature or a setting that you can enable to signal your privacy preference not to have data about your online browsing activities monitored or collected. At this time, no uniform technology standard has been finalized to recognize and implement DNT signals. Therefore, we do not currently respond to browser DNT signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you of that practice in a revised version of this privacy notice.

9. Do we update this notice?

In short: Yes, we will update this notice when necessary to continue to comply with applicable laws.

We may update this privacy notice from time to time. The updated version will be indicated by a “Revision” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you by posting a notice of such changes in a prominent location or by sending you a notice directly. We encourage you to review this privacy notice frequently to stay informed about how we are protecting your information.

10. How can you contact us about this notice?

If you have any questions or comments about this notice, you may send us an e-mail at info@fonsecaadvisers.com.

How can you review, update or delete the information we collect from you?

Depending on the applicable law in your country, you may have the right to request access to, amend or delete the personal information we collect from you in some circumstances. To request a review, update or deletion of your personal data, please send a request to info@fonsecaadvisers.com.

CONTACT US

To resolve a complaint regarding the Site or to receive more information about the use of the Site, please contact us at info@fonsecaadvisers.com