Términos y Condiciones de Uso

Los Términos y condiciones del uso explican el propósito del sitio web y sobre el contenido que provee al público. Enumeran de las responsabilidades que el sitio web tiene hacia sus usuarios y también las responsabilidades que los usuarios asuman al usar o visitar el sitio web. Estas incluyen responsabilidades sobre el tipo de información que se publica en el sitio web, sobre cómo se monitorea el sitio web y sobre las funciones básicas del sitio web, como la creación de una cuenta.

Terms of Use

YOUR USE OF THE  SITE CONTRATADOS.ORG( “Site”), OR YOUR PROVISION TO US OF ANY PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE (“Terms”) AND ANY SUBSEQUENT CHANGES TO THESE TERMS; DO NOT VIEW THE SITE OR CONTRIBUTE INFORMATION IF YOU DO NOT AGREE WITH ALL OF THE TERMS.

  1. General Information
    1. Description: Contratados.org provides educational tools  about the process of recruitment from Mexico to work in the United States and actors in the chain of recruitment, including employers, recruiters, recruitment agencies, and their agents.
    2. Changes to the Terms of Service: The Site may change the Terms of Use at its sol discretion. Your continued use of this website following the posting of such changes will constitute your assent to all such changes. It is your responsibility to visit the Terms of Use of the Site to review the current verision. We may translate these Terms into other languages for the convenience of users. Nevertheless, the English version governs your relationship with the Site, and any inconsistencies among the different versions will be resolved in favor of the English version.
  2. Definitions
    1. "You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, reads, or contributes to the site. "We," "us," and "our" refer to Centro de los Derechos del Migrante, Inc. (“CDM”)."Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit, transmit, or contribute to, through, or in connection with the Site such as reviews, comments, voice messages, SMS, and any other information that you contribute. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "CDM  Content" means Content derived from the public record that we make available in connection with the Site. "Third-Party Content" means Content that originates from parties other than Contratados.org or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Contratados.org Content, and Third Party Content.
    2. “The Site” refers to the website Contratados.org, a service provided by Centro de los Derechos del Migrante, Inc (“CDM”).
    3. “Contribute” means upload, post, email, or otherwise transmit information or files to the Site.
    4. “The Terms” or “The Terms of Use” means all terms contained herein, including but not limited to the Privacy Policy and Guidelines for Contributing Information.
  3. Accounts
    1. To contribute to the Site by telephone or by webform, you may either submit content anonymously or you may create an account by providing certain information about yourself. We reserve the right to close your account at any time for any or no reason. You are responsible for maintaining the confidentiality of your account password. You are responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
    2. You agree that your account is for personal, non-commercial use only. You represent and warrant that all information provided by you to the Site is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis. You agree not to create multiple accounts, impersonate someone else, create or use an account for anyone other than yourself, or provide an email address other than your own. If you use a pseudonym in the creation of your account, other users may still be able to identify you if, for example, you use the same account information on other sites or include identifying information in your reviews.  Please read our Privacy Policy for more information.
  4. Password and Security
    1. As a contributor to the Site, you are solely responsible for maintaining the confidentiality and security of your password and account. You understand and agree that you are fully responsible for all actions and postings made from your account.  Any accounts you create are not transferable. You agree to notify the Site immediately at contratados@cdmigrante.org if you become aware of any unauthorized use of your account. 
  5. Termination 
    1. The Project reserves the right to terminate your account or restrict access to your account, or to delete any content posted through your account, with or without notice, in its sole discretion, and without any liability to you.
  6. Disclaimer of Warranty and Limitation of Liabilities
    1. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
    2. CDM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL CDM OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF CDM, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF CDM, ITS SUPPLIERS, AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
    3. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR CDM, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
    4. BY ACCESSING, BROWSING, USING, OR CONTRIBUTING TO THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT ACCESS, BROWSE, CONTRIBUTE TO, OR OTHERWISE USE THE SITE.
    5. YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION YOU CONTRIBUTE TO THE SITE.   CDM IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS, DESCRIPTIONS, COMMENTS, OR OPINIONS PROVIDED BY USERS POSTED ON THE SITE. CONTENT IS DISPLAYED FOR INFORMATIONAL PURPOSES ONLY.  CDM CANNOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF USER CONTENT. UNDER NO CIRCUMSTANCES WILL CDM, ANY THIRD-PARTY PROVIDERS, OR ANY AFFILIATES BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF THE SITE, USE OF ANY CONTENT, OR RELIANCE ON CONTENT POSTED ON THE SITE.CDM DOES NOT INTEND TO COMMUNICATE ANY FALSE INFORMATION.
  7. User Contributions
    1. Browsing or Viewing
      1. You understand that information made available through the Site is a product of a community effort and does not necessarily represent the view of CDM. CDM assume no responsibility for the accuracy, suitability, or completeness of any content provided.
    2. Linking
      1. You understand that CDM has not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that no such linking implies in any way that CDM endorses or is affiliated with any third-party website. You agree that CDM bears no responsibility or liability for any content accessed or harm caused from any third-party website.
    3. License
      1. By contributing content to the Site, you are granting the Site and CDM a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, disaggregate, and reformat your content, and/or to incorporate it into a collective work, on or off the Site.  By contributing content to the Site, you hereby grant CDM the right to use the identifier, or any portion thereof, submitted in connection with such Content, if CDM so chooses.   CDM may use your identifying information and geographical location to attribute authorship of contributions to you.  Neither the Site nor CDM will use your name to identify you unless you voluntarily identify yourself using your name.
    4. Content
      1. Any content that you post or contribute to the Site should be relevant to the subject scope of the Site. Such content shall not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Among other such content, you should not post flaming speech intended to degrade or affect the dignity of another, spam, or content not found in the public record. You shall not engage in “astroturfing” or otherwise make yourself out to be someone other than who you are.
      2. CDM has the right but not the obligation to remove, delete, edit, modify, reject, or refuse to post, in its sole discretion and without notice, any content posted which CDM considers, in its sole discretion, to violate these Terms or to be outside the subject scope of the Site.
    5. User Representations and Warranties
      1. By contributing any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance, or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input, or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false, or inaccurate information about yourself, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that CDM shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of use or exploitation of the Content. You represent and warrant that the content you supply does not violate these Terms of Use or Privacy Policy.
      2. If it is determined that you retain "moral rights" (including rights of attribution or integrity) in Your Content in spite of the waiver of moral rights described above, you agree and warrant that (a) you do not require that any personally identifying information be used in connection with the Content; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Contribution on the Site; and (c) you forever release CDM and its successors and assigns, from any claims that you could otherwise assert against them by virtue of any such moral rights.
    6. Indemnities
      1. You acknowledge and agree to indemnify and hold CDM, its affiliates, officers, employees, and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Site, your violation of these Terms, or the infringement by you, of any intellectual property or other right of any person or entity.
    7. Privacy
      1. Please read our Privacy Policy, which is incorporated herein by reference.
    8. Guidelines for Contributing Information
      1. Please read our Guidelines for Contributing Information (below), which are incorporated herein by reference.
    9. Restrictions
      1. We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms by contacting us at contratados@cdmigrante.org. CDM reserves the right to investigate and take appropriate action at our sole discretion, including reporting any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that CDM suspect(s) has violated any law or regulation. CDM may also cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution. Notwithstanding anything to the contrary in the Terms, CDM reserves the right to investigate any misuse of the Site, or its systems, equipment, or network. CDM reserves the right to screen, edit, modify, remove or disable access to any content that violates these provisions or that CDM deems objectionable. CDM reserves the right to screen and edit contributions for standard errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.).
      2. You agree not to, and will not assist, encourage, or enable others to use the Site to:
        1. Violate our Guidelines for Contributing Information, for example, by contributing fake or defamatory information, trading contributions with other entities, or compensating someone or being compensated to contribute information;
        2. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
        3. Contribute information that is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
        4. Contribute information that constitutes or contains false or misleading indications of origin or statements of fact;
        5. Contribute information that slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
        6. Impersonate any person or entity, including, without limitation, a moderator, employee, employer, recruiter or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
        7. Cause injury of any kind to any person or entity;
        8. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
        9. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes;
        10. Use the Site to send the same or substantially similar unsolicited mass messaging, whether commercial in nature or not.  This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by the Site and/or CDM in connection with the Site. A message is unsolicited if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
        11. Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third-party website;
        12. Solicit personal information from minors, or submit or transmit pornography;
        13. Use the Site in any manner that could negatively affect other users’ ability to use the Site;
        14. Upload, post, contribute, or otherwise transmit any content that: is not relevant to the purpose of the Site; you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or is unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
        15. Violate any applicable laws, rules, or regulations.
      3. You also agree not to, and will not assist, encourage, or enable others to:
        1. Violate the Terms;
        2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by the CDM;
        3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
        4. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of reviews;
        5. Reverse engineer any portion of the Site;
        6. Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
        7. Record, process, or mine information about other users;
        8. Reformat or frame any portion of the Site;
        9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site’s or CDM’s technology infrastructure or otherwise make excessive traffic demands of the Site;
        10. Attempt to gain unauthorized access to the Site, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
        11. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
        12. Use any device, software, or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
        13. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
        14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
      4. The restrictions in Section 9, entitled, “Restrictions,” only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them, even if permissible under applicable law, without providing 30 days’ prior written notice to us at contratados@cdmigrante.org together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
  8. Other Terms
    1. Modification
      1. CDM reserves the right to change, at any time and without notice or liability, in its sole discretion, the Terms under which the Site is offered. You are responsible for regularly reviewing these Terms and our Privacy Policy. Your continued use of the Project constitutes your agreement to all such Terms.
    2. Termination of service
      1. CDM disclaim all responsibility and liability for the availability, timeliness, security, or reliability of the Site or any software provided through the Site. CDM reserves the right to modify, suspend, or discontinue the Site or access to the Site without any notice at any time and without any liability to you.
    3. Extent of Terms
      1. The Terms apply to use or viewing of and contribution to the Site. The Site and/or CDM may operate additional projects or services that require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
    4. No Waiver of Terms
      1. Failure of CDM to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
    5. Assignation of Terms
      1. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with CDM’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    6. Section Titles
      1. The section titles in the Terms are for convenience only and have no legal or contractual effect.
    7. Governing Law and Entire Agreement
      1. These Terms are governed by the laws of Florida, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the state of Florida in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Guidelines for Contributing Information

You should comply with the following guidelines for contributing information to this site:

  • Contribute Accurate Information: Do not generalize or make unproven accusations. The information that you submit as a review should be based on your personal experiences only.
  • Be Truthful: Make truthful statements in your contributions. Do not contribute fake content.
  • Be Courteous: Use a moderate tone in your contributions. Personal attacks and inappropriate language are not useful to the site’s goal of promoting transparency in the labor recruitment process.
  • Contribute Relevant Information: Contribute only information that meets the site’s goal of promoting transparency in the recruitment of workers in Mexico for work in the United States. Limit your contributions to information pertaining to labor recruitment and employment.
  • Do Not Exchange Favors or Accept Payment for Contributions: Do not compensate someone or receive compensation from someone for contributing information.
  • Respect the Rights of Others: Do not contribute information that invades the privacy of others, that belongs to others, or that violates the rights of others.
  • Do Not Break the Law: Do not publish anything illegal.

Please be aware that you are solely responsible for your contribution.