Terms of Service

1. Introduction

These terms of service (these "Terms") govern your access to and use of www.macaadvisors.com and any related pages operated by MACA Advisors LLC ("MACA," "we," "us" or "our") (collectively, the "Website"). By accessing or using the Website, you agree to be bound by these Terms and acknowledge the Privacy Policy set out below. If you do not agree to these Terms, you must not use the Website.

2. Use of the Website

(a) Eligibility. You must be at least eighteen (18) years old and have the legal capacity to enter into a binding contract to use the Website. By using the Website, you represent and warrant that you meet these requirements.

(b) Prohibited Conduct. You shall not: (i) violate any applicable law or regulation or the rights of any third party; (ii) use the Website for any illegal, fraudulent or unauthorized purpose; (iii) interfere with or disrupt the Website or its servers or networks, or attempt to gain unauthorized access to any part of the Website, including any area restricted to MACA personnel; (iv) upload or transmit viruses, malware or any other harmful code; or (v) collect or harvest any personally identifiable information from the Website, whether manually or by automated means.

(c) Content Ownership. The content of the Website, including text, graphics, logos, images and the MACA name and marks, is owned by or licensed to MACA and is protected by intellectual property laws. You may view the Website for your own non-commercial use. You may not reproduce, modify, distribute or create derivative works from any such content without MACA's prior written consent.

3. No Offer; No Advisory Relationship

(a) No Offer or Advice. The content of the Website is provided for general informational purposes only. It does not constitute investment, financial, legal, tax or accounting advice, a recommendation to engage in any transaction, or an offer to sell or a solicitation of an offer to buy any security or other financial instrument in any jurisdiction.

(b) No Advisory Relationship. Neither your use of the Website nor any information you submit through it creates an advisory, fiduciary or other client relationship between you and MACA. MACA acts for a client only under a written engagement letter executed by MACA and that client.

(c) Information You Submit. Information you submit through the Website, including any document uploaded through our contact form, is received subject to these Terms and the Privacy Policy. MACA treats such information with discretion; however, no duty of confidentiality, and no restriction on MACA's activities, arises from MACA's receipt of such information unless MACA has executed a written confidentiality agreement with you. You should not submit material non-public information or any information you are not authorized to disclose.

(d) Transactions. Transactions described on the Website include transactions completed by MACA's professionals at prior firms. Past transactions are not indicative of future results.

4. Disclaimers

(a) No Warranties. The Website and its content are provided "as is" and "as available." To the fullest extent permitted by law, MACA disclaims all warranties, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose and non-infringement. MACA does not warrant that the Website will be uninterrupted, secure or free of errors or harmful components.

(b) Third-Party Websites. The Website may contain links to third-party websites, including our job board. These links are provided for convenience only and do not imply MACA's endorsement of, or responsibility for, the content, policies or practices of those websites. MACA is not liable for any damage or loss arising from your use of any third-party website.

5. Limitation of Liability

To the fullest extent permitted by law, neither MACA nor any of its affiliates, members, officers, directors, employees or agents shall be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data or goodwill, arising out of or relating to the Website or these Terms, whether in contract, tort or otherwise, even if advised of the possibility of such damages, or for any action taken or not taken in reliance on the content of the Website. In no event shall MACA's aggregate liability arising out of or relating to the Website or these Terms exceed one hundred dollars (US$100).

6. Indemnification

You shall indemnify and hold harmless MACA and its affiliates, members, officers, directors, employees and agents from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Website or your breach of these Terms.

7. Governing Law and Jurisdiction

These Terms, and any dispute arising out of or relating to these Terms or the Website, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the state and federal courts located in the Borough of Manhattan, New York County, New York, and waive any objection to venue in those courts. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE.

8. Changes to These Terms

MACA may modify these Terms at any time by posting the revised Terms on the Website and updating the "Last updated" date above. Your continued use of the Website after the revised Terms are posted constitutes your acceptance of them.

9. General

These Terms and the Privacy Policy constitute the entire agreement between you and MACA with respect to the Website. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. MACA's failure to enforce any provision of these Terms shall not constitute a waiver of that provision. Questions regarding these Terms may be directed to MACA at the address set out in Section 10 of the Privacy Policy.

Privacy Policy

1. Scope

This Privacy Policy describes how MACA collects, uses and shares personal information through the Website. Capitalized terms used but not defined in this Privacy Policy have the meanings given to them in the Terms of Service above.

2. Information We Collect

(a) Information You Provide. When you contact us through the Website, we collect the information you provide, which may include your name, company, email address, telephone number, preferred contact method, the details of your inquiry and any documents you upload.

(b) Information Collected Automatically. When you visit the Website, MACA and its hosting and security providers may automatically collect technical information, such as your IP address, browser type, the pages you visit and the date and time of your visit.

3. How We Use Personal Information

We use personal information to: (i) respond to your inquiry and route it to the appropriate MACA professional; (ii) evaluate potential engagements and maintain our business relationships; (iii) operate, secure and improve the Website; (iv) send you communications about MACA, from which you may opt out at any time; and (v) comply with applicable legal and regulatory obligations.

4. Sharing of Personal Information

MACA does not sell personal information. MACA shares personal information only: (i) within MACA, including with our professionals in our offices across the Americas and, where relevant to your inquiry, with MACA's institutional partners; (ii) with service providers that process it on MACA's behalf, subject to appropriate confidentiality obligations; (iii) where required by applicable law, regulation or legal process; and (iv) in connection with a reorganization, merger, sale or other transfer of all or part of MACA's business.

5. International Transfers

MACA is headquartered in the United States and has professionals across Latin America. Personal information you submit may be transferred to, stored in and processed in the United States and in other countries in which MACA or its service providers operate, the data protection laws of which may differ from those of your country of residence.

6. Retention and Security

MACA retains personal information for as long as necessary for the purposes described in this Privacy Policy or as required by applicable law. MACA implements reasonable security measures to protect personal information. However, no method of transmission over the Internet or of electronic storage is completely secure, and MACA cannot guarantee absolute security.

7. Cookies

The Website uses cookies and similar technologies that are necessary for its operation and security, and may use analytics cookies to understand how visitors use the Website. You can manage cookies through your browser settings.

8. Your Rights

Depending on where you reside, you may have the right to access, correct or delete your personal information, to object to or restrict its processing, or to withdraw any consent you have given. To exercise any of these rights, contact MACA at the address set out in Section 10 of this Privacy Policy.

9. Children's Privacy

The Website is not directed to individuals under the age of eighteen (18), and MACA does not knowingly collect personal information from them. If MACA becomes aware that it has collected personal information from such an individual, it will take steps to delete that information.

10. Changes and Contact

MACA may update this Privacy Policy at any time by posting the revised Privacy Policy on the Website and updating the "Last updated" date above. Your continued use of the Website after the revised Privacy Policy is posted constitutes your acceptance of it. Questions regarding this Privacy Policy, or requests to exercise your rights, may be directed to MACA Advisors LLC, 169 Madison Avenue, #74603, New York, NY 10016, or to legal@macaadvisors.com.