Terms and Conditions

Effective Date: April 5, 2018

1. Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Terms And Conditions”) shall govern your use of the website located at https://www.lasmadrinas.org/, including the Member Pages and all other pages within this website (collectively referred to herein below as this “Website”) owned by Las Madrinas (“we” or “us”).   BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS AND OUR PRIVACY POLICY.  PLEASE READ THEM CAREFULLY.  If you have any objection to any of these Terms or our Privacy Policy, you must not use this Website.

2. Eligibility

This Website is not intended for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.

3. Intellectual Property Rights

Unless otherwise stated, Las Madrinas and/or its affiliates own all rights to the intellectual property, trademarks, and other material contained in this Website, and all such rights are reserved.

Subject to and conditioned on your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and view the Website for your personal and non-commercial purposes.

4. Member Account and Additional Terms

Certain areas of the Website (“Member Pages”) are password-protected and accessible only to Las Madrinas Members, Debutantes and Stags/Escorts (collectively “Members”) with a user account and password for a limited period of time (“Term”).  Members will be provided with log-in credentials by Las Madrinas.  Each Member is solely responsible for the accuracy, content and security of the account information.  Members are prohibited from sharing their log-in credentials with non-Members.

Use of the Member Pages will be governed by additional terms and conditions (“Additional Terms”) such as, without limitation, the Member Responsibilities and Policies & Bylaws . By using Member Pages of the Websites, you agree to the Additional Terms.

Las Madrinas reserves the right to terminate a Membership account and access to the Member Pages without prior notice at the expiration of the Term or at any time for violation of these Terms or the Additional Terms, as determined by Las Madrinas in its sole and absolute discretion.

5. User Information

When you use the Website, you may be asked to provide certain personal information to Las Madrinas such as your name, e-mail address, credit card information, etc. (“User Information”). Collection and use of User Information under the Website are subject to the Privacy Policy located at https://www.lasmadrinas.org/privacy-policy/.

6. Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  8. collecting any information about or regarding other users or members including but not limited to  any personal data or information;
  9. using this Website, or any content or information thereon, to engage in any advertising or marketing;
  10. probing, scanning, cracking, tracking and/or testing the vulnerability of any system or network, attempting to circumvent any technological measure or authentication measures implemented by us or any of our providers or any other third party (including another user) to protect the Website or any content.

Las Madrinas reserves the right to refuse service or terminate access to the Website without prior notice and for any reason, in Las Madrinas’s sole and absolute discretion, including for any user who violates these Terms or the Privacy Policy or any provision thereof.

7. Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAS MADRINAS DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE.  LAS MADRINAS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ADDITIONALLY, NOTHING CONTAINED ON THIS WEBSITE SHALL BE CONSTRUED AS PROVIDING COUNSEL OR ADVICE TO YOU.

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LAS MADRINAS, OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE, UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY FOR ACCESSING THIS WEBSITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

8. Indemnification

You agree to indemnify and hold harmless Las Madrinas and its officers, directors, employees and agents, from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

9. Arbitration

You and Las Madrinas agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Las Madrinas hereby waive any right to a jury trial of any Claim (as defined below). All controversies, claims, counterclaims, or other disputes arising between you and Las Madrinas relating to the Properties or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration  in accordance with the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements governing our relationship with you, including, if applicable, the Las Madrinas Member Responsibilities and Policies & Bylaws. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other  governmental agencies. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude you or Las Madrinas from seeking action by federal, state, or local government agencies. You and Las Madrinas also have the right to bring qualifying claims in small claims court.

Neither you nor Las Madrinas may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Las Madrinas’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LAS MADRINAS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.  No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms.  This Section of the Terms will survive the termination of your relationship with Las Madrinas.

10. Content You Provide

“Your Content” shall mean any audio, video, text, images or other material you submit to Las Madrinas through the Website or otherwise.  By submitting any such material to us, you understand and agree that it may be displayed on this Website or included in our newsletter, donation materials or other materials. Further, by submitting Your Content to us, you grant Las Madrinas a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, create derivative works, adapt, publish, translate, store, transmit, publicly perform, publicly display, and distribute it in any and all media now known or later developed.

Your Content must be your own and must not be infringing on any third party’s rights. Las Madrinas reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. No Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

13. Modification of Terms

Las Madrinas is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website. Your continued use of the Website after any changes to these Terms are posted will be considered acceptance of those changes.

14. Assignment

Las Madrinas shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

15. Entire Agreement

These Terms and the Privacy Policy, including any legal notices and disclaimers contained on this Website, and if you are a Member, the Additional Terms, constitute the entire agreement between Las Madrinas and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

16. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of California without reference to its conflict of law provisions, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Los Angeles County, California for the resolution of any disputes.