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Política de Privacidad del INDESINDES Privacy PolicyPolítica de Privacidade do INDES

I. INTRODUCTION

This Privacy Notice sets forth the data protection practices of the Inter-American Institute for Economic and Social Development (INDES) website of the Inter-American Development Bank (“IDB”, “we” and “us”), through BIDAcademy, and the tools accessible through that website (the “Site”).  The use of certain features of the Site requires your registration, establishment of a user identification and acceptance of specific provisions contained in the terms of use. 

This Privacy Notice explains how we will collect use, store and share your personal data.  For the purposes of this Privacy Notice, “Personal Data” means any information relating to an identified or identifiable living individual.

As the Site is updated and expanded, our Privacy Notice may change, so please review the posted Privacy Notice from time to time.  We will notify you about material changes in the way we treat Personal Data by placing a notice on the Site or by sending you an e-mail (if you have provided us your e-mail address).

II. COLLECTION OF INFORMATION THROUGH THE SITE

Information You Provide

We will collect Personal Data you voluntarily provide to us upon registration or if you share Personal Data in other manners, such as uploading documents on the Site (e.g. quizzes, exams and questionnaires), using chats, or if you contact us using the link provided in Section V below. For the avoidance of doubt, if you enroll in a paid course and provide your credit card information, the IDB does not store such information. All transactions are processed via Stripe.  

Information Automatically Collected

Like many websites, this Site uses “cookies” and “web beacons”.  We obtain certain information by automated means when you visit this Site, such as the IP address of the device you use to connect to the Internet and the pages accessed.  By collecting this information, we learn how to best tailor the Site to our visitors.  We collect this information through various means, including “cookies” and “web beacons”.  To learn more about cookies, you may visit this website about cookies.

Information We Collect from Third Parties

This Site does not collect any information on you from other sources.

Use of Information Collected Through the Site

We may use the Personal Data we collect from you (as described above) to manage your account on the Site.   If you enable specific settings to authorize the IDB to communicate with you via e-mail or you contact the IDB through the links provided in the Site, we may use the Personal Data we collect from you to communicate with you regarding the Site and the learning products included therein, including, among others, by responding to your inquiries, providing personal feedback, sending you reminders to finish a course, and/or issuing a certificate or digital badge. 

In addition, we may use your Personal Data for recordkeeping purposes within the IDB, and we may combine the Personal Data we collect from you with other information, including both Personal Data and non-Personal Data obtained from other sources, including other Site users, for purposes of analysis, benchmarking, identification of trends, relevant to the Site and the IDB’s objectives, and for improving the Site and its tools.

We use the non-identifiable information we collect to analyze Site visitor behavior as a measure of interest in, and use of, the Site and of the various services and tools we offer.  This information is used to create aggregate statistics regarding, for example, when the Site is accessed, the pages which refer visitors to the Site, the type of web browsers visitors use, which pages of the Site are viewed, and which features of the Site are used and how.  These statistics help us understand how the Site is used and provide us with valuable information for improving the Site in the future.

As explained in the Site’s Terms and Conditions of Use and this Privacy Notice, with the exception of the information a Site user provides solely for registration purposes or the name and e-mail a Site user provides via the link indicated in Section V below, Personal Data voluntarily provided may be accessed by other Site users.

III. SHARING OF INFORMATION COLLECTED THROUGH THE SITE

Legal Obligation Disclosures

We do not sell or otherwise disclose Personal Data collected as set out above, except as described in this Privacy Notice and Terms and Conditions of Use.

We may also disclose Personal Data or other information collected through the Site in response to legal process or when we believe in good faith that the law requires it: for example, in response to a court order, search warrant, subpoena, or other legally valid inquiry or order, or to an investigative body when required or permitted by law.  We also may disclose such information, where necessary, to protect the security and operation of the Site or the IDB systems and databases or the rights of other Site users, and to protect ourselves and our partners, affiliates, consultants, suppliers, and providers against liability, or if we have reason to believe that someone is causing or threatening to cause injury to or interference with the IDB’s rights or property, as well as to protect against fraud.

Personal Data may also be shared with third-party service providers who perform services for us.  These service providers are not authorized by us to use or disclose the Personal Data, except as necessary to perform specific services for the IDB.  We require our partners and service providers to appropriately safeguard the privacy and security of the Personal Data they process on our behalf.  Where appropriate, we enter into data protection agreements with third parties.

Business Transfers

In the event the IDB decides to assign this Site to a thirty party, we may transfer your Personal Data as part of the transaction.  The IDB will use reasonable efforts to assure that your Personal Data will remain subject to the same types of protection as it was prior to the transfer.  However, once your Personal Data is transferred in such a transaction, it will no longer be subject to this Privacy Notice, and you will need to review the policies and practices of the party receiving the information to learn about the protection then accorded to the Personal Data.

Updates to Personal Data

You may update or correct information contained in your account or profile information from time to time, or you may request that we correct, update, or delete your Personal Data that we have collected by contacting us through the link indicated in Section V of this Privacy Notice.  We will endeavor to comply with your request as soon as reasonably practicable.  However, we may limit your request for an operational, recordkeeping, or legal purpose.  There may also be residual information that will remain within our databases and other records, which will not be removed.  For your protection, we will only implement such requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may ask you for additional information to verify your identity before implementing your request.

We note, however, that we cannot control the use or retransmission of any Personal Data that has already been retrieved by any visitor to the Site, if any.

Data Security

We have appropriate technical security measures in place to prevent Personal Data from being accidentally lost, used or accessed in an unauthorized way.

We have appropriate operational security measures in place to ensure role-based access and best practice handling of Personal Data.  We limit access to your Personal Data to those who have a genuine business need to know it.

We also have procedures in place to deal with any suspected data security breach.  We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Data Retention

We retain Personal Data and non-identifiable information collected through the Site for operational, recordkeeping and legal purposes.  We will retain Personal Data about you for the period necessary to fulfill the purposes outlined in this Site or our data retention policies that apply to such information.  There may also be non-identifiable information collected through the Site and other residual information that will remain within our databases and other records, which will not be removed, as previously stated in this Privacy Notice and/or in the Terms and Conditions of Use.

International Data Transfers

When you submit information to us through the Site or otherwise, that information (including any Personal Data) will be processed in the United States and/or in any other member country of the IDB.  The data protection and other privacy laws of the United States or any of these countries may not afford the same level of protection as the laws of certain other countries.  By providing Personal Data to the IDB through the Site or otherwise, you are in acceptance of the transfer of your information to the United States or any other member country of the IDB, in accordance with the measures of protection described in this Privacy Notice.

Linked Services – Third-party content

The Site may contain links to third-party websites or apps.  Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents.  The IDB does not control the privacy practices of those websites or apps, or other services that are operated by third parties, and they are not covered by this Privacy Notice.  Thus, we recommend that you review the privacy policies, terms and conditions and practices of other websites, apps or services you use to learn about their data practices.

IV. MISCELLANEOUS

Privileges and Immunities

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

Language

Any version of this Privacy Notice in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.

V. Image Usage Policies - Synchronous Sessions

Keep in mind that courses that have synchronous sessions through video conferencing software will be recorded and shared in the virtual classroom.

If you have participated in such session, your name, image and audio may become part of this recording. These recordings will be uploaded to YouTube as “Unlisted” (it cannot be searched, and it will not be part of any playlist).

Downloading these videos and/or sharing their links is prohibited.

One year after the end of the course, these videos will be changed to “Private” (cannot be accessed by anyone).

VI. CONTACTING US

If you have any requests, questions or comments regarding our privacy practices for the Site, you may contact us by completing the INDES-Help Form.

Terms of Use

These Terms and Conditions of Use (the “Terms”) are a binding legal agreement between you (“you”) and the Inter-American Development Bank (“IDB”) or “us”) and apply to your use of and access to theIDB’s Inter-American Institute for Economic and Social Development Website through BIDAcademy, and associated sites (as they may be modified from time to time, collectively, the “Site”), whether through the Web or a mobile app.

This Site promotes knowledge and offers learning products related to economic and social development in Latin America and the Caribbean.

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 this Site or by clicking “I AGREE” or “I ACCEPT” as part of the process to become a Registered User, as defined below, you agree to abide by and be 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. 

The Site is owned, controlled, operated, and administered by the IDB from the United States of America.  The IDB makes no representation that functionalities at the Site are appropriate or available for use in any locations.  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 16 carefully for more details about arbitration and dispute resolution procedures.

1. Site main functions and registration

The Site is for the benefit of users who wish to strengthen their capacities and competencies related to the economic and social development in Latin America and the Caribbean by participating in online trainings and/or having access to learning materials. Users represent they are at least eighteen (18) years of age or the legal age for entering into a contract in their jurisdiction (whichever is greater).

Non-registered Users are those who have not created an account and will only be permitted to view or browse certain unrestricted portions of the Site. Non-registered Users may participate in certain trainings or access certain learning materials or other content that is generally available on the Site.  Non-registered Users will not be permitted to participate in special features of the Site, including paid courses.

Registered Users are those that will have access to and will be able to participate in any training made available on the Site, provided that they enroll in it and pay the corresponding fees. Registered Users will need to create a user’s account (“Account”).  When creating an Account, you represent that the information you provide is accurate and not misleading. You solely assume any and all liability for any false information or misrepresentation provided upon registration.  

You must provide complete information to be assigned a user identification code (“User Identification”) and to be able to access the features and system resources associated with the respective training in which you chose to participate. 

Registered Users shall create only one user account and shall not share access to his/her account information with any third party and must keep the User Identification password secure.  Registered Users are solely responsible for the activity that occurs through the use of such User Identification.  Registered User shall notify the IDB immediately of any known or suspected breach of security, unauthorized use of the User Identification, any password or any of its registration information.  Although the IDB will not be liable for Registered User’s losses caused by any unauthorized use of the User Identification, Registered User may be liable for the losses of the IDB or others due to such unauthorized use.  The IDB will notify Registered Users about any personal data security breach or intrusion made by third parties. For the purposes of these Terms and the Site’s Privacy Notice, Personal Data means any information relating to an identified or identifiable living individual.     

You understand that the IDB will communicate with you about the trainings you are enrolled in via the Site messaging system. You may opt to receive such notifications by e-mail, and in such case, authorize the IDB to forward such notifications to you via e-mail. 

2. Use of the Site

You are responsible for all of 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 and administered by the IDB and its licensors as applicable, including all the copyright and intellectual property rights in the Site.  The 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 the 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, the IDB grants you a revocable, non-commercial, non-exclusive, non-sublicensable, and non-transferable right to access and use the Site solely in connection with the learning products developed by the IDB.  

You may download, copy and reprint information 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 in different formats and through different features of the Site, including live meetings (classes), forums, chats and registration, among others, and may  upload documentation (e.g. quizzes, exams, questionnaires, etc.) to the Site in connection with your participation in the trainings you have enrolled in (“Materials”).  You represent and warrant that the content of the Materials is your original work of authorship or that you are not in violation of any contractual restrictions or other third parties’ rights. 

You hereby grant to the IDB  a nonexclusive, irrevocable, worldwide, perpetual, assignable, sublicensable, transferable, royalty-free right to copy, prepare derivative works, distribute, transmit, display, publish, remove, retain, translate, analyze, reformat, edit and use (including alone and in collective works), in any way now known or in the future discovered, any Materials you provide through the Site, except for any Personal Data provided during registration, which may only be used as stated in these Terms and the Privacy Notice.  All of the foregoing rights are referred to as the “License”.  The License includes the right of the IDB to authorize Users and other third parties on a royalty-free basis to copy, distribute, and otherwise exploit any documentation or information, including the right of Users and such other third parties to authorize the same. 

You hereby consent to our hosting and storing of your Materials (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 Materials to our contractors providing hosting, cloud, storage and other technical services to us. 

3. Your Responsibilities 

When creating an Account, you represent and warrant that:

all Materials that you submit to or through the Site are true, complete, accurate, and current in all respects; you will transfer and disclose to the IDB only Materials 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; you will have in effect at all times all necessary consents, authorizations and approvals required for uploading, providing and submitting Materials in connection with the Site and for the access to, use by and transfer thereof to the IDB, so that the IDB and its personnel and contractors may lawfully collect, transfer, receive, process and store the Materials pursuant to these Terms;  none of the Materials infringes, misappropriates, or otherwise violates the personal, intellectual or other legal rights of any third party; you will keep your Account information up-to-date, accurate and complete;   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 Materials you submit (including its accuracy, completeness and legality).  You must back-up and keep a copy of your Materials at all times before and after submitting it to the Site.  The Site is not intended to be an official repository or back-up of your Materials.

All Registered users participating in courses offered through this Site must accept to comply with the following Code of Honor:

registrar-se em uma única conta, a menos que expressamente permitido pelo BID; comprometer-se com a política de plágio, incluindo que suas respostas a perguntas, questionários, exames, projetos e outras tarefas serão de sua autoria (exceto tarefas que permitem explicitamente a colaboração); e não participar de nenhuma outra atividade que melhore desonestamente seus resultados ou afete os resultados de outras pessoas.

Any violation of this Code of Honor may result in suspension, deactivating the termination of your account and all parts of the courses.

4. Personal Data and our Privacy Notice

Except for the registration information required to set up an Account and the basic Personal Data required when contacting us through the link in Section 17 below, 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, the IDB will not be liable for the confidentiality of such information.

Please see our Privacy Notice for a summary of our collection, transfer and use practices for Personal Data.  All Personal Data that you submit to us through the Site will be subject to the Privacy Notice, which 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 Materials through the Site, you consent to our collection, use, transfer, and storage of the Materials that you provide to us through the Site, including your Personal Data that is included in the Account profile or other Personal Data that may have been included in the Materials, to our affiliates, third-party service providers, contractors, and advisors. 

5. Security and Compatibility

The 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 the IDB will take all measures to secure your information, the 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.  The 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.

6. Paid Services

By registering as a Registered User, you may have access to paid courses. To be granted access, you will be responsible for paying the enrollment fees, which will be charged in US Dollars, unless otherwise stated. The IDB reserves the right to change the price associated with a certain course at any time.  Refunds will be made in accordance with the Refund Policy below. Enrollment fees are usually paid by credit card. You may consult with the IDB about other payment methods if needed. For the avoidance of doubt, the IDB does not store your credit card information. All transactions are processed via Stripe.

7. 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, the IDB expressly disclaims all liability and responsibility for such third-party applications, websites, or networks.

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

8. Changes to Site content and/or learning products, suspension, or termination

The IDB reserves the right to, in its discretion, cancel, interrupt, improve, update, or modify any Site content and/or learning products without notice and to change the weight attributed to any tasks, questionnaires, or other evaluations, unilaterally or in coordination with the training instructors. 

It also reserves the right to limit or discontinue the Site or deny any user access thereto without notice or 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 the IDB has reasonable grounds to suspect fraud or misuse of the Site by you or by anybody using your device or account details. If the Site is discontinued, access is denied or a paid course is cancelled, user may seek a refund, if applicable, in accordance with the Refund Policy. 

You can also choose to stop using the Site at any time. In this case, you must notify the IDB and your account will be terminated. 

For the avoidance of doubt, Materials previously submitted by you, including Personal Data provided during registration, will be retained by the IDB, 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 Materials, the 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 the Terms for any reason.

9. Refund Policy 

If you cancel your enrollment in a course within 7 days of your paying for the course, the IDB will give you a full refund, provided that you have not yet received the certificate for completion of the course.  Once you have received the certificate, you will not be eligible to receive a refund, even if it is within 7 days of your paying for the course.  If: (a) the Site is discontinued prior to your completion of a paid course, (b) access to the Site is denied and such lack of access makes it impossible for you to complete a paid course, or (c) the paid course is cancelled, the IDB will give you a full refund.  For any questions regarding refunds, please contact us through the link in Section 17 below. 

Notwithstanding the foregoing, the IDB is not obliged to provide refunds to users who violate these Terms or the Code of Honor. 

10. Changes to these Terms 

From time to time, the 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 clicking to accept a change to these Terms, or 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.

11. Errors, bugs, interruptions, and access to services; Warranty Disclaimers

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.  The IDB does not give any representation, warranty, or guarantee that the Site or any of the training courses or materials contained therein will be free of any errors.  Use of the Site is at the user's sole risk. 

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

The 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 or restricted for reasons outside of the IDB's reasonable control, or for suspension of service as set forth in the Terms, and the IDB disclaims any and all liability in these cases.

You acknowledge that the Site have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the Site meets your requirements.

12. Your Indemnification of the 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 Materials, 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 Materials of applicable laws or of confidentiality obligations to a third party.  If the user is dissatisfied with any content of the Site, with its learning materials/courses 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.

13. The IDB's liability to you and Disclaimer of Damages

The IDB's liability to you 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 CONTENT AVAILABLE THROUGH THE SITE OR YOUR MATERIAL (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 THE 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. 

14. Privileges and Immunities

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

15. 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. 

The 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 the IDB’s 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 the 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 the 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 the IDB delays in enforcing these Terms, it can still enforce them later.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.

16. Applicable laws and dispute resolution

These Terms 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 Materials 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. 

17. Contacting Us

If you have any requests, questions or comments regarding these Terms, you may contact us by completing the INDES-Help Form.