Terms of Use

1.1. Accepting these terms

These Terms of Use (the “Terms”) are an agreement between you and Baja Nearshore LLC (“Baja Nearshore,” “we,” “us” or “our”) about your use of bajanearshore.com and the content, forms and tools on it (the “Site”). By visiting the Site, sending us an inquiry or scheduling a call through it, you accept these Terms and our Privacy Policy, which explains how we handle personal information. If you do not agree, please do not use the Site.

If you use the Site on behalf of a company, you represent that you are authorized to accept these Terms for it, and “you” includes that company.

2.2. Who may use the Site

The Site is intended for businesses and the people who hire for them — founders, executives, hiring managers, human-resources and talent-acquisition leaders — and for anyone considering our services. You must be at least 18 years old to send us an inquiry or schedule a call. The Site is not directed to children, and we do not knowingly collect their information.

The Site is operated from the United States and is directed to companies operating there. We make no representation that it is appropriate or available elsewhere; if you use it from another country, you are responsible for complying with local law.

3.3. What the Site is, and what it is not

Information about our services. The Site describes how Baja Nearshore recruits professional talent from Latin America for companies operating in the United States — the roles we recruit for, how a search runs, and what a client receives. It is an introduction, not an offer that binds us.

Each search has its own agreement. Every search we run for a client is governed by a written agreement between that client and us — its scope, fees, guarantee, confidentiality and everything else. Nothing on the Site changes that agreement, and where the Site and an agreement differ, the agreement prevails. Sending us an inquiry or scheduling a consultation does not engage us to run a search; only a signed agreement does.

No guaranteed outcome. We do not guarantee that a search will produce a hire, that a candidate will accept an offer, or that a hire will succeed, on the Site or otherwise. The examples, figures and timelines on the Site — including example candidate profiles, illustrative compensation ranges and the steps of a typical search — show how we work; they are not a promise about your search. Example profiles on the Site are illustrations and do not describe real people unless a case study says so and the people involved have agreed.

No employment or agency relationship. Using the Site, sending an inquiry or talking with us does not make you or anyone else our employee, contractor, agent or partner, and does not make us yours. Candidates hired through our searches are hired directly by the client company, under that company’s own terms of employment.

4.4. Acceptable use and prohibited conduct

You may use the Site to learn about our services and to contact us about them. You agree not to:

• scrape, crawl or harvest the Site or its content by automated means, or use bots, scripts or other automated tools to access it, except for search engines indexing public pages in accordance with our robots.txt;
• copy, reproduce or republish substantial parts of the Site’s content, or build a database, product or service from it, without our written permission;
• test, probe or attack the security of the Site, our providers or any connected system; attempt to gain access to areas or data that are not public; or interfere with the Site’s operation, availability or performance;
• send false, misleading or fraudulent information through our forms or scheduler, impersonate another person or company, or submit inquiries you have no intention of pursuing;
• abuse the forms or the scheduler — by sending spam, bulk or repeated submissions, unsolicited advertising, malicious content or anything unlawful, defamatory, harassing or infringing;
• remove or alter any copyright, trademark or other notice on the Site, or frame or mirror any part of it;
• use the Site in violation of any law, or to infringe the rights of anyone.

We may investigate and take appropriate action against anyone who violates these rules, including blocking access, removing content and reporting to law enforcement.

5.5. Intellectual property

Our content. The Site and everything on it — text, graphics, page designs, illustrations, photographs, videos, code, and the selection and arrangement of them — belong to Baja Nearshore LLC or to licensors who have allowed us to use them, and are protected by copyright, trademark and other laws. Except as these Terms allow, nothing on the Site grants you any right or license in it.

Our marks. “Baja Nearshore,” “Baja Nearshore Solutions,” our logo and the names of our services are trademarks of Baja Nearshore LLC. You may not use them without our prior written consent, except to refer to us accurately by name. The other names and logos that appear on the Site — client companies, providers, publications — belong to their owners, and their appearance does not imply their endorsement of us or ours of them.

A limited license. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to view the Site and to print or save pages for your own reference in evaluating our services. You may link to any public page of the Site and quote a short excerpt of it with attribution and a link. Anything beyond that — reproducing an article, reusing a salary guide, republishing a case study — requires our written permission, which you can request at [email protected].

Feedback. If you send us ideas, suggestions or comments about the Site or our services, you agree that we may use them without restriction or compensation, and that they are not confidential. This does not apply to the information you give us about your company and your hiring needs, which the Privacy Policy and any agreement between us govern.

6.6. Third-party services and links

Some features of the Site run on services provided by other companies, and using them means also accepting their terms:

• Calendly creates the appointments booked on the Site. You book on our booking page, and when you press “Schedule the call,” our server sends Calendly the time you chose, your name, your work e-mail, your answers to the booking questions and your guests’ e-mail addresses so that it can create the appointment and send the invitation. Your booking is also subject to Calendly’s terms and privacy notice.
• Web3Forms delivers our consultation form to our inbox when you send it by e-mail.
• Google measures visits and campaigns through Google Analytics, and measures our advertising and shows our ads to people who have visited the Site through Google Ads remarketing, on the published Site, as described in the Privacy Policy and the Cookie Policy. You can opt out at any time.
• Cloudflare hosts the Site, and Fontshare serves one of its typefaces.

The Site also links to other websites — LinkedIn, sources cited in our articles, our providers’ policies. We do not control those sites and are not responsible for their content, availability, accuracy or practices. A link is not an endorsement. You use other sites at your own risk and under their own terms.

7.7. Informational content

Our articles, guides, salary and market information, case studies and answers to questions are general information about hiring in Latin America, offered to help you think about a hire. They are not legal, tax, accounting, immigration, employment or other professional advice, and they are not a substitute for advice from a qualified professional who knows your situation. Laws, regulations, compensation and market conditions change, and they differ by country, state and industry.

Compensation ranges and market figures on the Site are illustrative or reflect our experience at the time they were written; they are not an offer, a guarantee or a valuation of any role. Before you act on anything you read here, confirm it with your own advisers.

We work to keep the Site accurate and current, but we do not promise that it is complete, correct or up to date at any moment, and we may change or remove content at any time without notice.

8.8. Disclaimer of warranties

The Site and its content are provided “as is” and “as available,” without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, timely, secure or error-free; that defects will be corrected; that the Site or the servers that make it available are free of viruses or other harmful components; or that the results of using the Site will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. Nothing in these Terms limits any warranty or right that the law does not allow to be limited.

This section is about the Site. The warranties, if any, that apply to a recruiting search are set out in the agreement for that search.

9.9. Limitation of liability

To the fullest extent permitted by law, Baja Nearshore LLC, its owners, officers, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages — including lost profits, lost revenue, lost business opportunities, lost data or the cost of substitute services — arising out of or related to your use of, or inability to use, the Site or its content, however caused and under any theory of liability, even if we have been advised of the possibility of such damages.

To the same extent, our total liability for all claims arising out of or related to the Site or these Terms will not exceed one hundred U.S. dollars (US$100). This limit applies to the Site only; liability in connection with a recruiting search is governed by the agreement for that search.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that the law does not allow to be limited, including liability for fraud or for death or personal injury caused by negligence.

10.10. Indemnification

You agree to defend, indemnify and hold harmless Baja Nearshore LLC and its owners, officers, employees, contractors and agents from and against any claims, liabilities, damages, losses and expenses — including reasonable attorneys’ fees — arising out of or related to your violation of these Terms, your misuse of the Site, information you submit through it that is false or infringes the rights of another, or your violation of any law or of the rights of a third party. We may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense.

11.11. Governing law and venue

These Terms, and any dispute or claim arising out of or related to them or to the Site, are governed by the laws of the State of California and the federal laws of the United States, without regard to conflict-of-law rules that would apply another jurisdiction’s law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Resolving disputes, any legal action arising out of or related to these Terms or the Site will be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts and waive any objection to venue there.

12.12. Resolving disputes

Any dispute arising out of or relating to the website, its Terms of Use, or Baja Nearshore's services will be resolved through binding arbitration in San Diego County, California, except where arbitration is prohibited by applicable law or where a party is entitled to seek injunctive or other equitable relief.

13.13. Electronic communications

When you send us an inquiry, schedule a call or e-mail us, you communicate with us electronically and agree to receive communications from us electronically — by e-mail, through the scheduler and on the Site. You agree that notices, disclosures, agreements and other communications we provide electronically satisfy any legal requirement that they be in writing. You can withdraw this consent by telling us, though we may then be unable to provide some of our services.

14.14. Suspending or ending access

We may suspend, restrict or end your access to all or part of the Site at any time, with or without notice, if we believe you have violated these Terms, if the law requires it, or to protect the Site, our providers, our clients, our candidates or the public. We may also change, suspend or discontinue the Site or any part of it at any time. Sections of these Terms that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnification, governing law and dispute resolution — survive the end of your access.

15.15. Severability, entire agreement and assignment

Severability. If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Site, and supersede any prior understanding about it. They do not modify any written agreement between us for a recruiting search, which is governed by its own terms.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms or any rights under them without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition or sale of our business, and they bind and benefit the parties and their permitted successors and assigns.

Headings and language. Section headings are for convenience only. These Terms are written in English; any translation is for convenience, and the English version controls.

16.16. Changes to these Terms

We may change these Terms from time to time. When we do, we update the date at the top of this page; if a change is material, we will give notice on the Site. Your use of the Site after a change takes effect means you accept the changed Terms. If you do not agree to a change, stop using the Site.

17.17. How to contact us

Questions about these Terms: [email protected]. By mail: Baja Nearshore LLC, 1905 East Palomar Street, Unit 6, Chula Vista, CA 91913, United States. For privacy questions and requests, see the Privacy Policy.