LEGAL

Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between Latinbits, a company organized and operating under the laws of the State of Florida, United States, EIN #13-4258364 (\"Latinbits\"), and any individual or legal entity that registers for, accesses, or uses the Services provided by Latinbits (the \"Customer\"). By creating an account, registering for a Virtual Locker, or otherwise using the Services, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.

Object

The purpose of these Terms and Conditions is to establish the conditions governing the Customer's use of Latinbits' Virtual Locker and related logistics services. Such Services may include, without limitation, the receipt, storage, inspection, consolidation, separation, repackaging, export processing, transportation coordination, customs-related services where applicable, and delivery of Merchandise to destinations designated by the Customer, subject to applicable laws, carrier requirements, and these Terms and Conditions.

Definition of Terms

Virtual Locker: A unique account identifier together with a designated delivery address assigned by Latinbits for the receipt, temporary storage, processing, and forwarding of Merchandise in accordance with these Terms and Conditions. The Virtual Locker does not constitute a lease, mailing address, residence, domicile, business address, or property interest of the Customer.
Services: The Virtual Locker service together with any related logistics, storage, consolidation, inspection, transportation coordination, customs-related, insurance, notification, payment, and other services provided by Latinbits.
Company: Latinbits. References to Latinbits' affiliates, owners, officers, directors, employees, agents, contractors, carriers, customs brokers, logistics providers, successors, or assigns shall apply only where those persons or entities are expressly identified in these Terms and Conditions.
Merchandise: Any document, correspondence, package, parcel, product, article, goods, materials, or other item received, stored, processed, handled, or transported through the Services.
Junk Mail: Unsolicited or repetitive advertising, promotional materials, catalogs, samples, circulars, or similar correspondence received at the Virtual Locker and not expressly requested by the Customer.
Declaration of Value and / or Dispatch Request: A document or electronic submission completed by the Customer that provides the information necessary for the processing and shipment of merchandise. The declaration may include, among other information, the description of the contents, quantity, declared commercial value, country of origin when applicable, consignee information, shipping instructions, and any additional information or documentation required by the Company, carriers, customs authorities, or applicable law. The Customer represents and warrants that all information provided is complete, accurate, and truthful. The Customer is solely responsible for the declared value, classification, description, and legality of the merchandise and for any consequences arising from inaccurate, incomplete, or false information. The Company may rely upon the information provided by the Customer without independent verification and shall not be liable for any duties, taxes, penalties, delays, seizures, confiscations, or other consequences resulting from the Customer's declarations or documentation.
Shipment Record (Guide): The shipping record, waybill, label, airway bill, tracking record, or other transportation document issued or accepted by Latinbits or the selected carrier in connection with a shipment. Such record identifies the shipment and may include, among other information, the sender, recipient, description of the Merchandise, declared value, dimensions, weight, tracking information, applicable charges, and any other information required by law or the carrier.

Customer Representations and Warranties

By using the Services, the Customer represents and warrants that:

  • The Customer has the legal capacity and authority to enter into this Agreement and to use the Services.
  • All information provided to Latinbits is complete, accurate, current, and truthful, and the Customer will promptly update any information that becomes inaccurate or outdated.
  • The Customer is the lawful owner of the merchandise or has full legal authority from the owner to ship, store, receive, and direct the handling of the merchandise.
  • All merchandise has been lawfully acquired and may be legally possessed, exported, imported, transported, and delivered under the applicable laws of the United States, the destination country, and any transit country.
  • The merchandise does not violate the intellectual property rights, contractual rights, privacy rights, or any other rights of any third party.
  • All declarations, invoices, descriptions, values, classifications, quantities, and supporting documentation provided to Latinbits are accurate, complete, and not misleading.
  • The Customer will comply with all applicable laws, regulations, customs requirements, export controls, sanctions, carrier requirements, and these Terms and Conditions.
  • The Customer will use the Virtual Locker and all Services solely for lawful purposes and in accordance with these Terms and Conditions.

The Customer acknowledges that Latinbits relies upon these representations and warranties in providing its Services. Any breach of this section shall constitute a material breach of this Agreement and may result in the suspension or termination of Services, refusal of shipments, and any other rights or remedies available to Latinbits under these Terms and Conditions or applicable law.

Payment Terms

The Customer agrees to pay all fees, charges, duties, taxes, storage fees, insurance premiums, customs costs, transportation charges, and any other amounts applicable to the Services provided by Latinbits. Unless otherwise agreed in writing, all charges are due before the release or delivery of the Customer's merchandise.

Latinbits reserves the right to modify its prices, fees, surcharges, service offerings, storage rates, insurance rates, and other charges at any time. Any such changes shall apply prospectively and shall become effective upon publication on the Company's website, customer portal, price schedule, or other official communication.

If any amount owed by the Customer remains unpaid after its due date, Latinbits may, without limiting any other rights or remedies available under these Terms and Conditions or applicable law, suspend Services, withhold the release or delivery of merchandise, assess applicable late fees or interest where permitted by law, apply storage charges, offset amounts owed against any funds or sale proceeds otherwise available, exercise any lien or security interest granted under this Agreement, refer the account to collections, or pursue any other lawful means of recovering the outstanding balance.

The Customer shall be responsible for all reasonable costs incurred by Latinbits in collecting overdue amounts, including collection agency fees, reasonable attorneys' fees, court costs, and other expenses to the extent permitted by applicable law.

Except where required by applicable law, all payments made to Latinbits are non-refundable once the corresponding Services have been performed or costs have been incurred on behalf of the Customer.

Electronic Communications

The Customer consents to receive all communications relating to the Services electronically, including through the Customer portal, email, SMS, push notifications, messaging applications, or any other communication method provided by the Customer or made available by Latinbits.

The Customer is solely responsible for maintaining accurate and current contact information, monitoring all communication channels associated with the Customer's account, and ensuring that emails, notifications, and other communications from Latinbits are not blocked, filtered, or redirected.

Unless otherwise required by applicable law, any notice, invoice, statement, request for information, shipment update, payment reminder, storage notice, policy update, or other communication transmitted by Latinbits to the Customer's last known contact information shall be deemed delivered when sent, regardless of whether the Customer actually receives, reads, or acknowledges such communication.

The Customer acknowledges that failure to receive or review electronic communications due to outdated contact information, spam filtering, technical issues, account settings, loss of device access, or any other circumstance outside Latinbits' reasonable control shall not relieve the Customer of any obligation under these Terms and Conditions.

Shipment Requirements and Limitations

All shipments are subject to the import, export, transportation, customs, security, carrier, and other legal or regulatory requirements applicable in the United States, the destination country, and any country through which the shipment may transit.

Shipment eligibility, value limits, quantity limits, weight limits, dimensional restrictions, prohibited or restricted items, documentation requirements, licensing requirements, import permits, taxes, duties, customs fees, inspections, and any other regulatory conditions vary by destination and may change at any time without prior notice.

It is the Customer's sole responsibility to ensure that each shipment fully complies with all applicable laws, regulations, and customs requirements of the destination country. The Customer is responsible for providing complete, accurate, and truthful invoices, declarations, permits, licenses, certificates, and any other documentation required by the applicable authorities.

The Company makes no representation that any shipment qualifies for a particular customs treatment, simplified import procedure, courier program, tax exemption, or regulatory threshold in any destination country. The Company shall not be responsible for shipments delayed, rejected, returned, seized, confiscated, abandoned, destroyed, or otherwise affected by customs authorities, government agencies, carriers, or other regulatory bodies due to legal restrictions, documentation deficiencies, regulatory changes, or the Customer's failure to comply with applicable requirements.

The Company reserves the right to refuse, suspend, or cancel the transportation of any shipment that, in its sole judgment, does not comply with applicable laws, carrier requirements, or these Terms and Conditions, or that may expose the Company to legal, financial, or operational risk.

Prohibited and Restricted Shipments

The Customer represents and warrants that all merchandise submitted for storage, processing, or shipment through the Virtual Locker has been lawfully obtained, is accurately declared, and complies with all applicable laws and regulations of the United States, the destination country, and any country through which the shipment may transit.

The Customer shall not use the Services to receive, store, process, consolidate, transport, or ship any merchandise that is prohibited, restricted without the required authorization, hazardous, illegal, counterfeit, stolen, dangerous, perishable where prohibited, or otherwise not accepted by applicable law, carrier requirements, or Company policies. This includes, without limitation, merchandise subject to export controls, sanctions, embargoes, hazardous materials regulations, intellectual property violations, or any item requiring permits, licenses, or governmental authorization that the Customer has failed to obtain.

The Customer is solely responsible for determining whether merchandise may be legally imported, exported, transported, possessed, or delivered to the intended destination and for obtaining any required permits, licenses, approvals, or other governmental authorizations.

Latinbits reserves the right, but assumes no obligation, to refuse acceptance, suspend processing, refuse shipment, return to sender, surrender to the appropriate authorities, destroy where authorized by applicable law, or otherwise dispose of any merchandise that it reasonably believes violates applicable law, carrier requirements, these Terms and Conditions, or Company policies, or that may expose Latinbits to legal, financial, operational, or reputational risk. Any costs, expenses, losses, damages, penalties, fines, storage charges, transportation charges, disposal costs, or other liabilities arising from such merchandise shall be the sole responsibility of the Customer.

Export Control and Sanctions Compliance

The Customer acknowledges that the Services are subject to the export, import, trade, and economic sanctions laws and regulations of the United States and other applicable jurisdictions.

The Customer represents and warrants that neither the Customer nor any shipment submitted through the Services will violate any applicable export control laws, trade restrictions, embargoes, sanctions programs, or other governmental restrictions. The Customer shall not use the Services to ship merchandise to or from prohibited destinations, restricted parties, or for any prohibited end use under applicable law.

Latinbits reserves the right, without liability, to refuse, suspend, delay, inspect, hold, cancel, or report any shipment or account that it reasonably believes may violate applicable export control laws, sanctions, embargoes, or other governmental restrictions, or for which sufficient information is not available to verify legal compliance.

The Customer shall be solely responsible for obtaining any export or import licenses, governmental approvals, permits, or other authorizations required by applicable law and shall indemnify and hold Latinbits harmless from any claims, penalties, fines, losses, damages, or liabilities arising from the Customer's failure to comply with such requirements.

Inspection of Shipments

To ensure compliance with applicable laws, carrier requirements, customs regulations, security standards, and these Terms and Conditions, Latinbits reserves the right, but assumes no obligation, to inspect, open, examine, photograph, scan, weigh, measure, verify, or otherwise evaluate any document, package, shipment, merchandise, or other item received, stored, processed, consolidated, or transported through the Customer's Virtual Locker.

Such inspections may be conducted at any time, with or without prior notice to the Customer, whenever Latinbits, in its sole discretion, considers it appropriate for security, regulatory compliance, fraud prevention, operational purposes, or to investigate suspected violations of these Terms and Conditions or applicable law.

Latinbits shall have no duty to inspect any shipment and shall not be liable for failing to discover prohibited, restricted, undeclared, dangerous, counterfeit, illegal, damaged, defective, or otherwise non-compliant items. Any inspection performed by Latinbits shall not constitute a representation or warranty regarding the contents, condition, legality, authenticity, value, or suitability of any shipment.

If, as a result of an inspection or otherwise, Latinbits reasonably believes that a shipment violates applicable law, carrier requirements, customs regulations, these Terms and Conditions, or poses a safety, security, financial, or operational risk, Latinbits may, without liability and to the extent permitted by applicable law, refuse acceptance, refuse shipment, suspend processing, require additional documentation, surrender the shipment to the appropriate authorities, return it to the sender, or otherwise dispose of or handle the shipment as it deems reasonably necessary to protect its personnel, customers, business operations, and legal interests.

Suspension of Services

Latinbits reserves the right, at its sole discretion and without prior notice where permitted by applicable law, to temporarily suspend or restrict the Customer's account, Virtual Locker, shipments, or access to any Service if it reasonably believes that such action is necessary to protect its business, personnel, customers, carriers, service providers, or to comply with applicable law.

Circumstances that may result in suspension include, but are not limited to, suspected fraud, suspected illegal activity, unpaid balances, chargebacks, disputed payments, inaccurate or misleading declarations, prohibited or restricted merchandise, suspected violations of these Terms and Conditions, requests from governmental authorities, carrier restrictions, security concerns, sanctions or export control compliance, or any activity that, in the Company's reasonable judgment, presents legal, financial, operational, or reputational risk.

During any period of suspension, Latinbits may refuse to receive, process, consolidate, release, transport, or deliver merchandise until the matter has been resolved to the Company's reasonable satisfaction. Suspension shall not relieve the Customer of any payment obligations, storage charges, or other fees that continue to accrue in accordance with these Terms and Conditions and the Company's applicable service policies.

Nothing in this section limits Latinbits' right to terminate the Customer's account, refuse future service, report unlawful activity to the appropriate authorities, or exercise any other right or remedy available under these Terms and Conditions or applicable law.

About Delivery Times

Any delivery times communicated by the Company are estimates only and are provided for informational purposes. Delivery times vary depending on the destination country, carrier schedules, customs processing, local transportation providers, weather conditions, public holidays, governmental actions, security inspections, and other circumstances beyond the Company's reasonable control. The Company does not guarantee delivery by any specific date or within any specific timeframe.

Estimated delivery times begin once the shipment has been processed by the Company, dispatched to the selected carrier, and accepted into the carrier's transportation network.

Delays may occur as a result of customs inspections, import or export procedures, incomplete or inaccurate documentation, regulatory requirements, security screenings, force majeure events, carrier operational issues, labor disputes, transportation disruptions, or any action or inaction of governmental authorities or third parties involved in the transportation process.

The Company is not responsible for delays caused by retailers, suppliers, manufacturers, freight carriers, customs authorities, postal operators, local delivery providers, or any third party involved in the shipment before or after the Company has taken possession of the merchandise. Likewise, the Company shall not be liable for delays resulting from circumstances beyond its reasonable control, including natural disasters, severe weather, acts of war, terrorism, civil unrest, pandemics, governmental restrictions, or other force majeure events.

Other Provisions

  1. Latinbits may assign the Customer a unique Virtual Locker identifier and a designated address in the United States for the receipt of Merchandise permitted under these Terms and Conditions, applicable law, carrier requirements, and Company policies.
  2. Unless expressly authorized by Latinbits, each Virtual Locker shall be assigned to one Customer and used solely for Merchandise addressed to that Customer. The Customer may not permit another person or entity to use the Virtual Locker or receive Merchandise through it. Latinbits may require identity verification, supporting documentation, or additional information at any time. Latinbits may suspend or terminate an account if information provided by the Customer is false, inaccurate, incomplete, unverifiable, or inconsistent with applicable legal or compliance requirements.
  3. Latinbits may provide an online account or customer portal through which the Customer can access Virtual Locker information and update contact, login, and delivery information. The Customer is solely responsible for maintaining accurate account information, protecting account credentials, and promptly updating any information that changes.
  4. Latinbits will provide the Customer with the information reasonably necessary to use the assigned Virtual Locker. The Customer is responsible for following all addressing, identification, packaging, and delivery instructions provided by Latinbits.
  5. The Virtual Locker facility will be located within the United States at a location selected by Latinbits. Latinbits may change the facility, assigned address, or Virtual Locker information when reasonably necessary for operational, security, legal, carrier, or business purposes. Latinbits will provide reasonable notice of material address changes when practicable. The Customer shall be responsible for using the current address provided by Latinbits.
  6. Latinbits will be responsible for the receipt, inventory, classification, consolidation, separation, repackaging, export processing, shipment from the United States, coordination of customs clearance where applicable, and delivery of the merchandise through its selected carriers or logistics partners to the delivery address designated by the Customer. The Services provided are subject to the laws, regulations, customs requirements, carrier conditions, and import procedures applicable in the destination country and any transit country involved in the shipment.
  7. Latinbits will not be responsible for the misdirection of the Merchandise to our warehouses. In the same way, Latinbits will not be responsible if the Customer provides wrong information about the destination address and it will be the Customer who will assume the extra expenses that this error causes.
  8. The Customer is solely responsible for purchases made from retailers, suppliers, manufacturers, or other third parties, including payment, product selection, quality, quantity, authenticity, warranties, seller disputes, packaging, insurance, and transportation to the Virtual Locker. Latinbits is not a party to any transaction between the Customer and a seller and shall have no liability arising from that transaction or from any act or omission of the seller or originating carrier.
  9. Latinbits will maintain communication with the Customer through its website, customer portal, email, telephone, or other communication channels made available by the Company to provide notifications regarding the receipt, storage, consolidation, shipment, status, and other matters relating to the Customer's merchandise. The Customer is solely responsible for monitoring these communications, maintaining current contact information, and providing timely shipping instructions when required.
  10. Merchandise may be stored without charge for the period established in the Company's current service policies. Thereafter, storage fees and other applicable charges may accrue in accordance with the Company's published rates. If the Customer fails to provide shipping instructions, respond to Company communications, pay outstanding balances, or otherwise claim the merchandise within the applicable periods established by the Company's policies, Latinbits may, after providing any notice required by applicable law, deem the merchandise abandoned. In such event, Latinbits may, at its sole discretion and without further liability, continue to assess storage charges, refuse further storage, dispose of, recycle, destroy, donate, sell, or otherwise handle the abandoned merchandise in any commercially reasonable manner permitted by applicable law, and may apply any proceeds toward unpaid amounts owed by the Customer without prejudice to any other rights or remedies available to the Company.
  11. In case the Merchandise arrives at the Virtual Locker without commercial invoice, the Customer undertakes to issue a declaration of value for said shipment.
  12. The Customer authorizes Latinbits to discard purchase catalogs, advertising samples and unspecified advertising (\"junk mail\"). Despite this and despite the greatest diligence on the part of Latinbits, it is not guaranteed that all unsolicited mail will be eliminated in the selection process, therefore, Latinbits will not be responsible for the costs related to said shipment. Likewise, Latinbits is not responsible for the storage, classification and conservation of catalogs, advertising, samples and junk mail that reaches the Virtual Locker and that the Customer does not expressly indicate that they wish to be sent.
  13. Latinbits reserves the right to contract third-party Services for customs procedures and for air and / or land transport of the Merchandise.
  14. Latinbits may coordinate or facilitate customs processing, customs clearance, import formalities, and related logistics through authorized carriers, customs brokers, logistics providers, or other third parties, where applicable. The Customer remains solely responsible for complying with all import and export laws, providing any required documentation, obtaining any necessary permits or licenses, and paying all applicable duties, taxes, customs fees, brokerage charges, storage fees, governmental assessments, and any other charges imposed by customs authorities, carriers, or other competent authorities unless expressly agreed otherwise in writing.
  15. The Customer shall be solely responsible for all additional duties, taxes, customs fees, brokerage fees, storage charges, inspection fees, penalties, fines, reassessments, reprocessing costs, and any other expenses imposed by customs authorities, governmental agencies, carriers, or other competent authorities arising from the importation or exportation of the merchandise. This includes, without limitation, situations in which the declared value, description, classification, quantity, origin, or supporting documentation is determined to be inaccurate, incomplete, misleading, or inconsistent with the actual shipment, or where customs authorities reassess the shipment or require additional import procedures.
  16. To the fullest extent permitted by applicable law, Latinbits shall have a lien on Merchandise and any proceeds thereof in its possession for all unpaid storage, transportation, insurance, handling, labor, customs, preservation, disposal, and other charges relating to the Merchandise or the Customer's account. Latinbits may withhold possession or delivery of Merchandise until all outstanding amounts are paid. Any enforcement of the lien, including any sale or other disposition of Merchandise, shall be conducted in accordance with applicable law, including any required notice and commercially reasonable sale procedures. Sale proceeds may be applied to outstanding amounts and lawful expenses, with any remaining proceeds handled as required by applicable law.
  17. Latinbits reserves the right to refuse service or suspend or terminate any account that is inactive or abandoned; contains false, inaccurate, incomplete, or unverifiable information; has unpaid balances or disputed payments; is associated with fraud, illegal activity, threats, harassment, abusive conduct, or misuse of the Services; presents an unacceptable legal, financial, security, operational, or reputational risk; or otherwise violates these Terms and Conditions or applicable Company policies.

Regulations

  1. The shipment of Merchandise from the United States to the Customer must comply with all national and international customs regulations in force, for which the Customer declares that they accept all its conditions, restrictions and other provisions relating to the contracted Services.
  2. By accepting these Terms and Conditions, the Customer authorizes Latinbits, its designated carriers, customs brokers, logistics providers, and authorized agents, to perform the administrative, transportation, customs, and logistics activities reasonably necessary to process, transport, export, import, clear, and deliver the Customer's shipments in accordance with applicable laws and regulations.
  3. Latinbits may refuse to transport Merchandise that does not meet any of the conditions indicated by law or in which it determines that the information provided by the Customer is erroneous and does not match the content of said Merchandise to be dispatched.
  4. If a shipment cannot be transported, imported, or cleared under the shipping service originally selected due to applicable laws, customs regulations, carrier requirements, or the nature of the merchandise, the shipment may become subject to alternative import procedures or regulatory requirements as determined by the competent authorities. In such cases, the Customer shall be solely responsible for complying with all applicable legal requirements, appointing a customs broker or other authorized representative if required, completing all necessary import formalities, and paying all related duties, taxes, storage charges, brokerage fees, penalties, and other costs. Upon payment of all outstanding amounts owed to Latinbits, the Company will reasonably cooperate by providing available shipping documentation necessary for the Customer or the Customer's authorized representative to complete the applicable import procedures.
  5. Latinbits shall not be responsible for any costs, expenses, losses, or liabilities arising from customs clearance, import or export procedures, inspections, examinations, storage, demurrage, brokerage services, governmental fees, duties, taxes, penalties, fines, seizure, detention, forfeiture, embargo, destruction, return, abandonment, or partial or total confiscation of any shipment by customs authorities, border protection agencies, health authorities, agricultural authorities, law enforcement agencies, or any other competent governmental authority. Unless expressly stated otherwise in the applicable insurance policy, shipment insurance does not cover losses resulting from seizure, detention, forfeiture, confiscation, destruction, or other governmental enforcement actions.
  6. Latinbits may amend these Terms and Conditions from time to time to reflect changes in the Services, Company policies, carrier requirements, operational practices, applicable laws, customs regulations, security requirements, or other legitimate business needs. Updated Terms and Conditions will become effective upon publication or on any later effective date stated in the applicable notice. Where required by applicable law, Latinbits will provide notice of material changes. The Customer's continued use of the Services after the effective date constitutes acceptance of the amended Terms and Conditions.

Shipment Insurance and Allocation of Risk

  1. The Customer has the option of insuring their shipments and it is an additional service to the cost of the shipment stipulated in the guide.
  2. The cost, availability, terms, coverage, exclusions, and maximum insured value of shipment insurance shall be determined by the Company, its insurance provider, or the selected carrier at the time of shipment and may change without prior notice. Unless expressly stated otherwise, insurance covers only total loss of the shipment and does not cover partial loss, ordinary wear and tear, inherent defects, or exclusions contained in the applicable insurance policy. The declared value of the shipment must accurately reflect its actual commercial value and be supported by a commercial invoice or other documentation reasonably acceptable to the Company. Under no circumstances may a shipment be insured for an amount greater than its actual commercial value. Maximum declared and insured values may be limited by applicable law, carrier restrictions, insurance provider requirements, or destination-country regulations.
  3. The Company is not responsible for the malfunction of equipment, machines or other shipped items. Perishable items and those that are sensitive to temperature changes will be shipped under the sole responsibility of the Customer. The Company will not have a special treatment for said shipments and the insurance will not cover the damages that arise as a result of this particular characteristic. The documents are sent without commercial value and without insurance and cannot be the subject of a claim for loss or damage. The Company will not be responsible for the monetary implications that are generated as a result of the loss, delay, confiscation by the customs authorities or damage to the documents and / or shipments.
  4. The Company shall not be responsible for loss, damage, delay, deterioration, erasure, malfunction, or other consequences arising from circumstances beyond its reasonable control, including electrical or magnetic damage; loss or corruption of electronic data; customs or governmental inspections; natural disasters; severe weather; fire; flood; war; terrorism; civil unrest; embargoes; labor disputes; transportation accidents or disruptions; or acts or omissions of retailers, suppliers, originating carriers, local delivery providers, or other third parties. The Company assumes responsibility for Merchandise only after it has been physically received and recorded in its designated facility. A retailer's or carrier's tracking record showing delivery shall not, by itself, establish receipt by Latinbits. Latinbits shall not be responsible for Merchandise delivered to an incorrect location, left outside the designated receiving process, inaccurately or incompletely shipped by a supplier, or not properly identified with the Customer's required Virtual Locker information.

Limitation of Liability

To the fullest extent permitted by applicable law, and excluding any insurance benefits payable under an applicable shipment insurance policy, Latinbits' total cumulative liability arising out of or relating to any shipment, Service, account, transaction, or these Terms and Conditions, regardless of the legal theory asserted, including contract, tort (including negligence), strict liability, statute, or otherwise, shall not exceed the lesser of (a) the amount actually paid by the Customer to Latinbits for the specific Service giving rise to the claim, or (b) the declared value of the affected shipment accepted by Latinbits. Any insured claim shall be governed exclusively by the applicable insurance policy, including its coverage limits, exclusions, conditions, and claim procedures.

Latinbits shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, loss of use, business interruption, or any other economic or commercial loss, even if advised of the possibility of such damages.

Any claim arising from loss of or damage to merchandise must be submitted in writing together with all reasonably requested supporting documentation within the period established by the Company's published claim procedures or, if no such period is published, within the maximum period permitted by applicable law. Failure to timely submit a claim shall constitute a waiver of the claim to the extent permitted by applicable law.

Nothing in these Terms and Conditions excludes or limits liability that cannot be excluded or limited under applicable law.

Indemnification

The Customer agrees to defend, indemnify, and hold harmless Latinbits, its owners, officers, directors, employees, agents, affiliates, contractors, successors, assigns, logistics providers, customs brokers, carriers, and service providers from and against any and all claims, demands, actions, lawsuits, investigations, liabilities, damages, judgments, penalties, fines, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:

  • the Customer's breach of these Terms and Conditions;
  • the Customer's violation of any applicable law or regulation;
  • the shipment, storage, transportation, export, import, possession, or delivery of the Customer's merchandise;
  • inaccurate, incomplete, false, or misleading declarations or documentation;
  • prohibited, restricted, dangerous, counterfeit, illegal, or improperly declared merchandise;
  • the Customer's negligence, misconduct, fraud, or intentional wrongdoing;
  • any infringement or alleged infringement of intellectual property or other rights of any third party;
  • the Customer's misuse of the Virtual Locker, customer account, website, or Services; or
  • any act or omission of the Customer that results in claims or liability against Latinbits.

The obligations contained in this section shall survive the suspension or termination of the Customer's account and the completion of any Services provided by Latinbits.

Privacy

The collection, use, storage, processing, disclosure, and protection of personal information by Latinbits are governed by the Company's Privacy Policy, as amended from time to time, which is incorporated into these Terms and Conditions by reference. By using the Services, the Customer acknowledges that they have had the opportunity to review the Privacy Policy and consent to the Company's handling of personal information in accordance with its terms and applicable law.

Entire Agreement

These Terms and Conditions, together with any documents expressly incorporated by reference, including the Company's Privacy Policy and any applicable service policies, constitute the entire agreement between the Customer and Latinbits regarding the Services and supersede all prior or contemporaneous agreements, representations, negotiations, communications, understandings, and proposals, whether oral or written, relating to the same subject matter.

The Customer acknowledges that they have not relied upon any statement, representation, promise, warranty, or understanding not expressly set forth in these Terms and Conditions in deciding to use the Services.

Waiver

No failure, delay, or omission by Latinbits in exercising any right, remedy, power, or privilege under these Terms and Conditions or applicable law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Any waiver by Latinbits of any provision of these Terms and Conditions shall be effective only if made expressly in writing by an authorized representative of Latinbits. A waiver of any breach or default shall not constitute a waiver of any prior, subsequent, or future breach or default of the same or any other provision.

Assignment

The Customer may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Terms and Conditions without the prior written consent of Latinbits.

Latinbits may assign, transfer, delegate, subcontract, or otherwise transfer any of its rights, obligations, or interests under these Terms and Conditions, in whole or in part, to any affiliate, successor, purchaser, acquirer, or other entity in connection with a merger, acquisition, corporate reorganization, sale of assets, or other business transaction, without notice to or consent from the Customer.

These Terms and Conditions shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

Authorized Use of the Virtual Locker Address

The Virtual Locker address assigned by the Company is provided exclusively for the receipt and forwarding of Merchandise purchased from legitimate retailers or other shipments expressly authorized by the Company. Under no circumstances may the Virtual Locker address be used as a residential, mailing, business, legal, financial, governmental, tax, licensing, banking, credit, insurance, identification, voting, registration, or commercial address, or for any purpose intended to establish residency, domicile, or a legal or business presence.

The Customer expressly agrees not to use, authorize, or permit the Virtual Locker address to be used in connection with any government agency, court, financial institution, credit card issuer, bank, employer, utility provider, insurance company, licensing authority, tax authority, immigration matter, postal service, or any other public or private entity except as necessary to receive authorized shipments.

Any mail, legal notices, government correspondence, financial documents, identification documents, checks, credit or debit cards, licenses, official records, or other items received as a result of unauthorized use of the Virtual Locker address may, at the Company's discretion and without liability, be refused, returned to sender, held pending lawful instructions, or otherwise handled as permitted by applicable law. The Company may immediately suspend or terminate the Customer's account without notice and refuse future service. The Customer shall be solely responsible for all costs, damages, claims, fines, penalties, and legal consequences arising from unauthorized use of the Virtual Locker address and shall indemnify and hold the Company harmless from any resulting liability.

Duration

These Terms and Conditions become effective when the Customer creates an account, registers for a Virtual Locker, accepts these Terms and Conditions, or first uses the Services, whichever occurs first. They remain effective until terminated by either party. The Customer may discontinue use of the Services and request account closure, subject to payment of all outstanding amounts and completion, return, disposal, or other lawful handling of any Merchandise remaining in Latinbits' possession. Latinbits may suspend or terminate the Services as provided in these Terms and Conditions. Provisions that by their nature should survive termination shall remain effective, including payment obligations, liens, disclaimers, limitations of liability, indemnification, governing law, and dispute provisions.

Language and Translations

These Terms and Conditions are governed by the English language version, which shall prevail in the event of any conflict, inconsistency, ambiguity, or discrepancy with any translated version.

For the convenience of Customers, Latinbits may provide translations of its website, customer portal, mobile applications, emails, invoices, notifications, marketing materials, customer support communications, or other documents in languages other than English. Such translations are provided solely as a convenience and may not be complete, accurate, or free of errors.

Latinbits does not warrant the accuracy, completeness, or suitability of any translated content and shall not be liable for any misunderstanding, interpretation, decision, loss, damage, delay, or other consequence arising from the use of translated materials. Customers who rely on translated content do so at their own risk.

If a Customer is uncertain about the meaning or legal effect of any translated information, the Customer is responsible for requesting clarification from Latinbits before relying upon or acting on such information. In the event of any inconsistency between a translated version and the English version, the English version shall exclusively govern.

Governing Law, Jurisdiction, and Severability

  1. These Terms and Conditions and any dispute arising out of or relating to them, the Customer's account, any shipment, or the Services shall be governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.
  2. To the fullest extent permitted by applicable law, the Customer and Latinbits consent to the exclusive jurisdiction of the state courts located in Lake County, Florida, and the United States District Court for the Middle District of Florida, Ocala Division. Each party waives any objection based on improper venue or inconvenient forum.
  3. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or modified only to the minimum extent necessary to make it enforceable. The remaining provisions shall remain in full force and effect.