Terms and Conditions of Use

PPP AMERICAS 2021

The PPP Americas 2021 is a website established by the Inter-American Development Bank.

These  Terms and Conditions of Use (the “Terms”) are a binding legal agreement between you and the entity you represent, if applicable (“you”), and the Inter-American Development Bank (“IDB”) or “us”) and applies to your use of and access to PPP America 2021 website and associated sites, whether through the Web or a mobile app (as it may be modified from time to time, the “Site”) (as it may be amended from time to time).

These Terms explain how you may use the Site and the legal terms that apply to such use.  Additional legal notices and terms may apply to specific services, materials, features and content referenced or made available in the Site.  We recommend that you keep a copy of these Terms for future reference and visit the Site periodically for updates.

By accessing and using the Site, you agree to abide by and legally bound to these Terms, as they may be modified by the IDB from time-to-time and posted on this Site.  If you do not agree with these Terms, you do not have permission to use the Site, and must immediately cease permanently all use of and access to the Site.

Access to the Site from any location where such content or access may be illegal is prohibited.  When you access the Site, you are solely responsible for compliance with local laws.

These Terms contain arbitration provisions that waive your right to a court hearing and jury trial when making claims under these Terms.  Arbitration is the mandatory and exclusive process for all disputes arising under these Terms.  Please review Section 14 carefully for more details about arbitration and dispute resolution procedures.

  1. Registering and Using the Site

The Site is for the benefit of users who register to participate in PPP Americas 2021 carried out by the IDB (“Registered Users”), as well as for the benefit of other visitors who may view or browse the Site (“Non-registered Users”), together (“Users”).

When you register yourself for the purposes of participating in PPP Americas 2021, you represent that you are at least eighteen (18) years of age or the legal age for entering into a contract in your jurisdiction (whichever is greater), that the information you provided is accurate, not misleading, and that you have all necessary power and authority to use the Site.

IDB will notify Users about any known or suspected personal data security breach or intrusion made by third parties but will not be liable for any losses.  For the purposes of these Terms and Conditions and the Privacy Notice, “Personal Data” means any information relating to an identified or identifiable living individual.

You understand that IDB may send notices, e-mails, announcements and other related information to you using the information (including email addresses) you provided through the Site, and you hereby consent to us doing so (including communicating with you by email). We also may use the Personal Data ryou provided through the Site to send you information that might interest you, such as descriptions of new projects and activities carried out by the IDB and as further described in the Privacy Notice.  If you wish to stop receiving e-mails from us, you may deactivate this option..

Users are free to access the features of the Site made available to them and view publicly posted content.  Non-registered Users will not be permitted to post or upload any information to the Site.

The IDB may, in its discretion, periodically add, change, improve or update features of the Site without notice.  However, IDB does not have any obligation to provide updates or new features to the Site.

  1. Use of the Site

You are responsible for all your activity on the Site and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site.

The Site is solely owned by IDB and its licensors as applicable, including all the copyright and intellectual property rights in the Site.  IDB reserves all rights in the Site not expressly granted in these Terms.

When accessing or using the Site, you must not:

  • impersonate another person;
  • use the Site for any illegal, fraudulent, or otherwise harmful purpose;
  • use the Site for any commercial purpose, as a service bureau to provide services to third-parties, or for the benefit of any other person or entity;
  • upload or transmit anything via the Site that is obscene, defamatory, abusive, or threatening, or that infringes or otherwise violates any other person’s or entity’s rights;
  • use the Site to do anything that could harm IDB’s reputation;
  • use the Site to post or transmit “spam” or any other excessive and/or unlawful messages or communications of any kind;
  • harvest or scrape third party data in, on or through the Site;
  • try to hack the Site or to disable or circumvent any of the Site’s security or access control features, mechanisms, protocols, or tools;
  • modify, adapt, translate, or create derivative works of the Site or any component thereof;
  • upload, submit, or otherwise introduce any material containing a virus, worm, Trojan horse, malware, disabling device, or other harmful or malicious script, code, or tool into the Site;
  • to the fullest extent permitted by law, decompile or reverse-engineer the Site or try to derive source code from the Site by any other method or
  • remove, alter or conceal any trademark, copyright or other proprietary notice that is on the Site.

Subject to your continued compliance with these Terms, IDB grants you a revocable, non-exclusive, non-sublicensable, and non-transferable right to access and use the Site solely in connection with PPP Americas.

You may download, copy and reprint information publicly posted on the Site for non-commercial purposes, subject to any additional terms and conditions contained within materials expressly attributed to third parties, so long as the IDB is cited as the source of the originating material.  You may not reprint or distribute material for which a third-party is identified as the copyright holder, unless permission to do so is expressly granted for such third-party material.

If you are a Registered User, you will submit information and data i through the Site (“Data”).  You represent and warrant that you have all rights necessary to submit such Data, and that the Data is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights.  

You hereby consent to our hosting and storing of your Data (including all Personal Data you provide) in servers and databases in the United States and in serves and databases in any other member countries of the IDB, and to disclose your Data to our contractors providing hosting, cloud, storage and other technical services to us.

  1. Your Responsibilities

If you register to participate in PPP Americas, you represent and warrant that:

  • all Data that you submit to or through the Site is true, complete, accurate, and current in all respects;
  • you will transfer and disclose to IDB only Data that comply with applicable laws and over which you have all necessary consents to transfer, disclose, copy and use for the purposes of the Site and these Terms;
  • none of the Data infringes, misappropriates, or otherwise violates the personal, intellectual or other legal rights of any third-party;

you have all necessary power and authority to use the computing equipment and devices you are using to access and use the Site.

You understand that you are solely responsible for the Data you submit.  You acknowledge and agree that IDB assumes no obligation to monitor it and will not review it to make corrections, detect errors or ensure it is complete.  The Site is not intended to be an official repository or back-up of your Data.

  1. Personal Data and our Privacy Notice

Except for the registration information required to participate in the event PPP Americas, you must not provide any Personal Data to us through the Site. If you choose to voluntarily provide Personal Data to us by other means, such Personal Data may be accessed by other Users.

Please see our Privacy Notice, for a summary of our collection, transfer and use practices for Personal Data.  The Privacy Notice is incorporated into these Terms and is subject to change from time to time, as set forth in the Privacy Notice.

By accepting these Terms and submitting Data through the Site, you consent to our collection, use, license, transfer and storage of the Data that you provide to us through the Site, including your Personal Data to our affiliates, third-party service providers, contractors, and advisors. For the avoidance of doubt, the IDB will not store your credit card information. All transactions are processed via Sympla, a service provider.

  1. Security and Compatibility

IDB does not represent or guarantee that the Site will be totally secure or free from bugs, viruses or other malware.  You are responsible for configuring your hardware, software, and other technology you use in order to access the Site and we recommend that you use and frequently update your own virus protection software and other means to monitor for, detect and prevent vulnerabilities to your systems and databases.

You acknowledge that internet transmissions are never completely private or secure.  Even though IDB will take all measures to secure your information, IDB cannot guarantee that the information you send or provide using or through the Site will not be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.

You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.  We reserve the right to report any such activities to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity and user logs and records to them.

You are responsible for ensuring that your equipment, software, databases, browsers and networks are compatible with the Site; otherwise, the Site might not work as intended.  IDB has no responsibility for any failure or malfunction of the Site resulting from your use of the Site with outdated or incompatible browsers, operating systems, applications, software, or hardware.

  1. Third Party Content and Links

This Site may contain links to websites and information not under the control of the IDB. The IDB provides these links and any such information as a convenience for Users of the Site and is not responsible for their contents.  The presence of a link does not imply endorsement or approval of its contents by the IDB.  Your correspondence or any other dealings with third parties are solely between you and such third party.  Accordingly, IDB expressly disclaims all liability and responsibility for such third-party applications, websites, or networks.

IDB may make available in the Site content and data provided to us by third parties or obtained from public sources.  IDB is not responsible for the accuracy or completeness of such third-party information and disclaims all liability for it. 

  1. Changes to these Terms

From time to time, IDB may make changes to these Terms in its sole discretion, including without limitation. to reflect industry standards that affect the Site, changes or updates to the Site, or the way in which we do business.

We will endeavor to give you advance notice of changes to these Terms by providing a pop-up or posting other notification in the Site or by email, and will tell you the date on which the amended Terms will come into force.  You should check the Site and your emails regularly for notifications.

When we post changes or you receive a notice of change to the Terms, you can choose not to accept the changes, but if you choose not to accept them, your right to use the Site will automatically end and you should not use the Site from and after the date that the changes come into force.

By continuing to use the Site after the date that any changes to the Terms take effect, you are agreeing to be legally bound by those changes and the Terms as so amended.

  1. Errors, bugs and interruptions; Warranty Disclaimers

Information that relates to a particular date is offered only with regard to such date and the IDB undertakes no obligation to update any content on the Site.  The IDB may, in its discretion, periodically add, change, improve or update the contents on the Site without notice, and reserves the right to limit or discontinue the Site or deny any user access thereto without notice.

You acknowledge that the Site is provided, and your use of the Site shall be, on an “AS IS” basis with no express or implied warranty of any kind and may contain errors.  IDB does not give any representation, warranty, or guarantee that the Site will operate without error.  Use of the Site is at the user’s sole risk.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IDB DOES NOT MAKE AND IDB HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED OR STATUTORY, REGARDING THE SITE, THEIR CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SUITABILITY, SECURITY, ACCURACY, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IDB does not guarantee uninterrupted access to the Site.  You acknowledge that your access to the Site may by interrupted for scheduled or emergency maintenance purposes, to fix bugs, or for security reasons.  Access to the Site may also be interrupted for reasons outside of IDB’s reasonable control, or for suspension of service as set forth in the Terms.

  1. Your Indemnification of IDB

As a condition of use of the Site, you agree to indemnify and hold the IDB and its respective employees, officers, directors, contractors, successors and assigns harmless from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your Data, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms or a violation by you or Your Data of applicable laws or of confidentiality obligations to a third-party.  If the user is dissatisfied with the content of the Site or with any of terms and conditions of use of the Site, such user’s sole and exclusive remedy is to discontinue using the Site.

  1. IDB’s liability to you and Disclaimer of Damages

IDB’s liability to you or the entity you represent in relation to any claims concerning the Site, is governed by these Terms and the immunities afforded to the IDB.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE IDB  BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL EXPENSES OR DAMAGES INCURRED BY REASON OF OR IN ANY WAY CONNECTED WITH THE SUPPLY OR USE OF THE SITE OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE OR YOUR DATA (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITY), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF IDB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  For the avoidance of doubt, the IDB will not be liable for any losses that you suffer as a result of your use of the Site.

  1. Term, termination, and suspension

IDB may discontinue the Site at any time, in which case IDB will have no obligation to further maintain or support the Site.

IDB may deny, suspend or terminate your access or use of the Site at any time, with or without notice to you, without liability, for any or no reason, in its sole discretion, including without limitation: (i) if the IDB reasonably believes that you have not complied with these Terms or applicable laws; (ii) to prevent breaches of these Terms, harm to other Users, compliance with laws, or liability to third parties; or (iii) if IDB has reasonable grounds to suspect fraud or misuse of the Site by you or by anybody using your device or account details.

For the avoidance of doubt, Data previously submitted by you, including Personal Data provided during registration, will be retained by the IDB to record your participation in the event and to communicate with you, in accordance with the IDB’s retention policies and procedures, and in accordance with these Terms and the Privacy Notice.

The provisions of the Terms governing your ownership of your Data, IDB’s proprietary rights, disclaimers of warranty, limitations of liability and damages, indemnification, waiver and severability, dispute resolution and governing law will survive the termination or expiration of these Terms for any reason.

  1. Our Privileges and Immunities

Nothing contained in this Site or in these Terms and Conditions or Privacy Notice shall operate or be regarded as a waiver, renunciation or modification of any right, privilege or immunity of IDB pursuant to the Agreement Establishing the Inter-American Development Bank, international conventions or any other applicable laws.

  1. Miscellaneous

These Terms and the other documents referenced herein constitute the entire agreement and understanding between you and us with respect to the Site, and supersede any previous understanding, proposal, presentation or contract relating to the subject matter of these Terms.

IDB may assign or transfer any of its rights and obligations under these Terms to another organization in its sole discretion.  You may not transfer, assign or delegate any of your rights or responsibilities under these Terms without IDB prior written consent.  These Terms do not create any third-party beneficiary rights.

Each of the paragraphs and sections of these Terms operate separately.  If any provision of the Terms is rendered inoperable or unenforceable by order of a court or governing body of competent jurisdiction or other operation of applicable law, the remaining paragraphs and sections will remain in full force and effect to the maximum extent permitted under applicable law.

If IDB fails to insist that you meet your obligations under these Terms or if it does not enforce its rights against you or if it delays in doing so, that will not mean that IDB has waived its rights against you and it does not mean that you do not have to comply with those obligations.  No waiver by the IDB of any provision of these Terms shall be binding except as set forth in writing signed by its duly authorized representative.  Even if IDB delays in enforcing these Terms, it can still enforce it later.

  1. Applicable laws and dispute resolution

These Terms and conditions will be governed, interpreted and enforced in accordance with the laws of the District of Columbia, United States of America, without giving effect to the conflict of laws provisions of that jurisdiction.  Any legal action over the contents or use or any other matter pertaining to the Site or your Data shall be submitted to and finally resolved by arbitration conducted in the English language in Washington, District of Columbia, United States of America, under the commercial arbitration rules of the American Arbitration Association, provided that the IDB reserves the right to apply for temporary, preliminary and final injunctive relief to enforce any of the provisions of these Terms relating to the use of its copyrights, trademarks, other intellectual property rights and data security.  All decisions of a single arbitrator shall be final and binding on both the IDB and you and enforceable in any court of competent jurisdiction. The IDB and you otherwise agree to the exclusive jurisdiction of the courts of Washington, District of Columbia, United States of America for the resolution of any disputes not subject to arbitration and for the enforcement of any award resulting from any such arbitration.

  1. CONTACTING US

If you have any requests, questions or comments regarding these Terms, you may contact us at: contato@pppamericas.com

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