TERMS AND CONDITIONS

AGREEMENT BETWEEN USER AND THE LATINO COALITION

The Latino Coalition Website is comprised of various Web pages operated by The Latino Coalition.

The Latino Coalition Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of The Latino Coalition website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The Latino Coalition reserves the right to change the terms, conditions, and notices under which The Latino Coalition website is offered, including but not limited to the charges associated with the use of The Latino Coalition website.

LINKS TO THIRD PARTY SITES

The Latino Coalition website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Latino Coalition and The Latino Coalition is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Latino Coalition is not responsible for webcasting or any other form of transmission received from any Linked Site. The Latino Coalition is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Latino Coalition of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of The Latino Coalition website, you warrant to The Latino Coalition that you will not use The Latino Coalition website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The Latino Coalition website in any manner which could damage, disable, overburden, or impair The Latino Coalition website or interfere with any other party’s use and enjoyment of The Latino Coalition website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Latino Coalition Web Sites.

USE OF COMMUNICATION SERVICES

The Latino Coalition website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

The Latino Coalition has no obligation to monitor the Communication Services. However, The Latino Coalition reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Latino Coalition reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Latino Coalition reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Latino Coalition’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Latino Coalition does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Latino Coalition specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Latino Coalition spokespersons, and their views do not necessarily reflect those of The Latino Coalition.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO THE LATINO COALITION OR POSTED AT ANY THE LATINO COALITION WEB SITE

The Latino Coalition does not claim ownership of the materials you provide to The Latino Coalition (including feedback and suggestions) or post, upload, input or submit to any The Latino Coalition website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Latino Coalition, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Latino Coalition is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Latino Coalition’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH The Latino Coalition website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Latino Coalition AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN The Latino Coalition website AT ANY TIME. ADVICE RECEIVED VIA The Latino Coalition website SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

The Latino Coalition AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON The Latino Coalition website FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Latino Coalition AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Latino Coalition AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF The Latino Coalition website, WITH THE DELAY OR INABILITY TO USE The Latino Coalition website OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH The Latino Coalition website, OR OTHERWISE ARISING OUT OF THE USE OF The Latino Coalition website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Latino Coalition OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF The Latino Coalition website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING The Latino Coalition website.

TERMINATION/ACCESS RESTRICTION

The Latino Coalition reserves the right, in its sole discretion, to terminate your access to The Latino Coalition website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. in all disputes arising out of or relating to the use of The Latino Coalition website. Use of The Latino Coalition website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Latino Coalition as a result of this agreement or use of The Latino Coalition website. The Latino Coalition‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Latino Coalition‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Latino Coalition website or information provided to or gathered by The Latino Coalition with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Latino Coalition with respect to The Latino Coalition website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Latino Coalition with respect to The Latino Coalition website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of The Latino Coalition website are copyrighted and trademarked by The Latino Coalition and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

RETURNS

We do not accept returned consumable items. This policy is intended for the health and well being of our customers. The only exception would be in the case of verified damage caused by our carrier. If you receive a damaged item, you must report it to us within 7 days of delivery so that we can begin the claims process with our carrier. Do not discard the damaged item until you have contacted us. The carrier may require photo evidence or that the damaged item be returned.

We are eager to provide our customers with the highest quality products. As such, our policy is to not ship any damaged products out of our warehouse, including: dented cans, broken or smashed bottles and packages. Anytime an order is damaged during shipment, we are happy to work with you and will promptly replace any damaged items. We may ask for pictures to assist us in filing a claim with FedEx for the shipping damages. We diligently inspect metal canned items for dents as we ship them to ensure that they are dent free when they leave our facility. Minor denting to cans (that does not impact the ability to open the can) that occurs in transit is foreseeable and acceptable and does not affect the safety of the product within. Please report major dents, punctured cans, broken air seals or dents that prevent cans from being opened. To make sure that you are satisfied with the product you receive, please inspect the contents as soon as your order is received.

Unfortunately, sometimes orders are lost during shipment or damaged by the carrier and returned to the fulfillment center. We do not always receive notification from the shipper when this happens. Often times, our customers will be the first to inform us regarding this occurrence. Upon notification, our Customer Service Team will immediately contact the shipper to initiate a trace. They will send out delivery personnel within 48 hours to verify the address. After the shipper has completed the trace and confirmed the lost package, we will be able to address and resolve the issue. Please double-check your address carefully when placing an order. We do not issue refunds or reship orders where addresses have been incorrectly entered upon ordering.

If you receive a damaged or defective item, please contact [email] with the following information:

  • Store Number and Order Number for the item
  • Date of arrival
  • Condition of item at time of arrival
  • Detailed explanation of the issue
  • Photo of the damaged item

ORDER ADDITIONS & CANCELLATIONS

Due to our warehousing logistics, once an order has been placed, we are unable to add or subtract items from that order. Likewise, once an order is placed, that order may be cancelled if we are notified within one (1) hour of placement. We will do everything we can in order to honor your order cancellation request if it is received within this time frame, however, any request for order cancellation beyond the one (1) hour of placement cannot be honored.

SHIPPING DETAILS

“General Goods” orders (containing only dry goods) will be processed within 48 hours of the following business day, with the exception of holidays. After the order has processed, it will be shipped. Please note that the The Latino Coalition fulfillment center is not open over the weekend. Notifications of order shipping details with tracking information are emailed to all customers upon completion and shipment of orders.

The Latino Coalition utilizes the most cost-efficient shipping method and will select from UPS Ground and UPS Sure Post and US Postal Service First Class Parcel or Priority Mail. Orders under $75 will be assessed a shipping charge of $9.95, and orders between $75 – $99.99 will be assessed a shipping charge of $5.95. FREE shipping is available on all orders over $100.

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