These Terms and Conditions and Privacy Policy (collectively, the “Terms”) govern the use of the website located at www.gentebuenafoundation.org and any other website(s) owned and/or operated by Gente Buena Foundation, a California Public Benefit Corporation (including any of its subsidiaries or corporate affiliates and any of their associated webpages) (collectively and severally, “Website”). By accessing or using the Website, including purchasing any products through the Website, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Website; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction.  By accessing, using, browsing, registering with, contributing to, or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any products from the Website is subject to these Terms and all applicable laws, and is at your own risk. If you do not agree to these Terms in their entirety, you must not use the Website or any associated services. When accessing, using, or purchasing products from the Website, these Terms form a contract between the customer (“you”) and Gente Buena Foundation and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (referred to in this document as “we”, “us”, “our” or “GBF”) and apply to the ordering, purchase, fulfilment and delivery of products from the Website. Please take time to review these Terms carefully for our website, services, and products.

We reserve the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, we will notify you by posting the revised Terms on the Services or notifying you through the Services.

BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, AND LIABLIITY LIMITATIONS.  ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. 

We may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

TERMS OF SALE; RISK OF LOSS

By making a donation on the Website (“Donation”), you are (i) making the Donation subject to these Terms, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such Donation is true and accurate and you are an authorized user of the payment method provided with sufficient funds for the Donation. The receipt by you of a Donation confirmation does not constitute our acceptance of a Donation. We retain the right to refuse any request made by you.

Each Donation you place will be a separate and binding agreement between you and us with respect to the Donation in accordance with these Terms.

By making a Donation and/or using our Website, you are acknowledging agreement to and understanding of our privacy policy.

In order to contract with us you must be over 21 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

We reserve the right to accept or reject a Donation for any reason at any time.

When making a Donation, you undertake that all details that are provided to us are true and accurate, that you are an authorized user of the credit or debit card used to make the Donation, and that there are sufficient funds to cover the Donation.

We reserve the right to hold a Donation pending credit card verification.

If our merchant bank is not satisfied with the information you provide, your Donation may be cancelled and refunded.

We may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in our sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

THIRD PARTY LINKS, CONTENT, AND SERVICES

The Website may contain links to Third-Party content. WE HAVE NO OWNERSHIP OR INTEREST IN ANY OF THE THIRD-PARTY CONTENT POSTED OR SERVICES OFFERED TO YOU. WE DO NOT REPRESENT OR HAVE ANY AFFILIATION WITH ANY OF THE THIRD-PARTIES, THIRD PARTY WEBSITES OR SERVICES ON THE WEBSITE AND HAS NO INTENT TO CAUSE PUBLIC CONFUSION REGARDING THE SAME. IF YOU CHOOSE TO ACCESS ANY THIRD-PARTY CONTENT OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES. IF YOU DECIDE T OACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE OR OUR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

DISCLAIMER OF WARRANTIES

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY US OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, ITEMS AND/OR CONTENT OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, PRODUCTS, ITEMS AND/OR CONTENT OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH GBF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY DONATION. WITHOUT LIMITING THE FOREGOING, NEITHER GBF NOR ANYONE ASSOCIATED WITH GBF REPRESENTS OR WARRANTS THAT THE SERVICES, PRODUCTS, ITEMS AND/OR CONTENT OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, GBF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

WEBSITE IS PROVIDED “AS IS”

Use of the Website is on an “as is” and “as available” basis and is at your own risk.

We do not warrant or guarantee that the Website is accurate, correct, secure, reliable, timely, complete, adequate for any purpose or that it will remain uninterrupted or virus free. To the maximum extent permitted by the law, we are not liable for any error or omission in the information on the Website.

We may modify, discontinue, interrupt, suspend or limit the use of the Website at any time when we believe it is reasonably necessary to do so. To the maximum extent permitted by the law, we are not liable for any modification, discontinuance, interruption, suspension or other limitation of the Website.

Any material downloaded or otherwise obtained through the Website is done so at your own risk and discretion and we are not responsible in any way for any damage to your computer or network that may result.

GEOGRAPHIC RESTRICTIONS

We, as the owner of the Website, services, and products, are based in the State of California in the United States. We provide these services, products, and Website for use only by persons located in the United States. We make no claims that the services, products or Website or any of its content is accessible or appropriate outside of the United States. Access to the services, products, or Website may not be legal by certain persons or in certain countries. If you access the services, products, or Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

COMMUNICATIONS

When signing up with any of our membership platforms, you consent to us using your personal information, such as your email address or phone number, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time.

By entering your phone number and subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You may opt of out receiving these direct marketing communications at any time.

WAIVER

The failure by us at any time to require any performance by you of a provision of these Terms shall not affect in any way our full right to require that performance subsequently.

The waiver by us of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of our right to avail ourselves of that right subsequently.

Any waiver by us of a breach of these Terms must be in writing and signed by us and shall be effective only to the extent specifically set out in that waiver.

FORCE MAJEURE

If the performance of our obligations under these Terms is prevented, restricted or affected by a force majeure event or any other event beyond our reasonable control (including but not limited to strike, lock out, raw material shortage, breakdown of plant, transport or equipment), we will not be liable for any loss or damage suffered by you or any third party.

INDEMNITY

You agree to defend, indemnify, and hold us harmless (including our related companies, licensors, and service providers, and our and their directors, officers, employees, agents and contractors) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or any use not authorized in these Terms.

INTELLECTUAL PROPERTY

You agree that the Website itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, podcasts, services and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of or licensed by GBF, made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to GBF or other respective owners that have granted GBF the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. Such Content must not be modified or altered in any way.

You are not permitted to copy, reproduce, alter, distribute, publish or use in any manner any Content on the Website other than as permitted under these Terms without our prior written and express consent. Such consent may be withheld by us at our absolute discretion.

You must not remove any copyright or trademark notices from the content found on the Website.

We make no representation or warranty to you of any kind, express or implied that our products or services will not infringe any intellectual property rights of a third party.

DMCA COPYRIGHT INFRINGMENT AND TAKE-DOWN POLICY

Our policy is to remove, or disable access to, material that infringes any copyright residing on or accessible through our Website, services, or products after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content violates your copyright, please provide our copyright agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• an identification of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on or through our Services;
• your address, telephone number, and e-mail address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to our Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

Gente Buena Foundation

Address: 12400 Ventura Blvd. #144, Studio City, CA 91604

Re: GBF Copyright Policy 

Email: hola@gentebuenafoundation.org

Phone: [NEED PHONE] (between 8am and 4 pm EST)

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE 

All information we collect through our Services and Websites is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using our Services and Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

COMPETITIONS

We may run competitions and promotions from time to time which may be subject to separate terms and conditions in addition to these Terms. Any additional terms and conditions will be made available on the Website. Please read all additional terms and conditions before participating in any competition or promotion. Involvement in a competition or promotion will be deemed as acceptance of these Terms and any additional terms and conditions governing the competition or promotion.

PROHIBITED USES OF WEBSITE

You may use the Website, our products, and services, only for lawful purposes and in accordance with these Terms. You agree not to use the Website, services, or products:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, services, and products, or which, as determined by us, may harm us or users of the Website, services, and products, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website, products and services.

ARBITRATION

If a dispute arises under these Terms, you and GBF agree to first try to resolve the dispute with the help of a mutually agreed upon mediator in Los Angeles County, California. Note that if either you or GBF reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

 Any costs and fees related to the mediation or arbitration (other than attorney fees) shall be shared equally by you and GBF. If it proves impossible to arrive at a mutually satisfactory solution, then you and GBF agree to submit the dispute to binding arbitration in Los Angeles, California to be conducted on a confidential basis pursuant to the rules of JAMS or a similar dispute resolution service. Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs and expenses and shall include a written determination of the arbitrator(s). An award of arbitration shall be final and binding on you and GBF and may be confirmed in a court of competent jurisdiction. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, ATTORNEYS’ FEES AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

GOVERNING LAW & JURISDICTION

These Terms contained herein shall be governed by and construed in accordance with the laws of the State of California, United States. You agree that any claim or dispute that has arisen or may arise between you and GBF must be resolved exclusively by a state or federal court located in the State of California. You and GBF agree to submit to the personal jurisdiction of the courts located within the County of Los Angeles in California for the purpose of litigating all such claims or disputes.

SEVERABILITY

The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

MODIFICATION/TERMINATION OF SERVICES

In the event of termination of the Website, services, or products, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. GBF shall not be liable to you or any third-party for any termination of your access to the Website, services, or products or any portion thereof.

ENTIRE AGREEMENT

These Terms and the Policies constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.

VIOLATION OF THESE TERMS

You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

HOW TO CONTACT US

If you have any queries or would like more information about these Terms or any of our Policies, contact our team via hola@gentebuenafoundation.org.

This website is operated by Gente Buena Foundation, 12400 Ventura Blvd. #144, Studio City, CA 91604.