Terms of Use

Updated as of July 11, 2023

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS, AS DETAILED IN THE ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER SECTION BELOW.

1. Introduction

Please review this page carefully. These Terms of Use (“Terms”) constitute a legal contract between you and Los Defensores or one of our affiliates (collectively known as “Los Defensores”, “Company”, “we”, “us” or “our”). The Terms govern your access to and use of the following websites, as well as their subdomains or portals (collectively known as “Websites” or “Sites”) or any other use or interaction with all portals, products, goods, services, events, interactive features or other services controlled by us that post a link to these Terms (collectively, the “Services”):

Home

By using the Sites or Services, you agree to these Terms. These Terms constitute a contract between you and us, and if you are using the Sites or Services on behalf of a company or organization, that company or organization will also be considered a party to these Terms. Our Services are not intended for persons under 18 years of age; if you access our Services, you represent and warrant that you are at least 18 years of age.

2. Changes to these Terms

From time to time, we may decide to modify, add or remove parts of these Terms and we will post those changes here with an updated date at the top. If we do so, your continued use of the Sites or Services after such changes have been made means that you accept such modifications. The modified Terms will be automatically effective upon posting on this Site. In addition, we reserve the right to change and improve the features and functionalities of the Services at any time, which includes adding, modifying or removing features and functionalities of the Services, or updating the way our Services are provided. In addition, we reserve the right to suspend or terminate the Services for any reason or at any time.

3. Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Sites or Services, you indicate that you understand and agree to the collection, use and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of sharing this information, depending on the jurisdiction in which you reside.

4. Additional Terms and Conditions

In connection with your use of the Sites or Services, you will occasionally be asked to consent to additional policies or terms and conditions to these Terms. Please read carefully any additional policies or terms before making use of those parts of the Sites or Services. Any additional terms will not vary or replace these Terms with respect to any use of our Sites or Services, unless expressly stated otherwise. To the extent that additional rules and guidelines affect your use of our Services, such rules and guidelines are incorporated by reference into these Terms.

5. Consent to Electronic Communications

By using the Sites or Services, you agree that we may communicate with you electronically in connection with your use of the Sites or Services, and that any notice, agreement, disclosure or other communications that Los Defensores sends you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing. To withdraw your consent to receive electronic notices, please notify us at [email protected].

6. Third-Party Websites

The Sites may contain links to third-party websites that take you outside the Sites and Services of Los Defensores (“Linked Sites”). We do not control, endorse, sponsor, recommend or assume any responsibility for the content of such Linked Sites, nor do we make any warranty or representation, express or implied, with respect to the content (or the accuracy, timeliness or completeness of such content) on any Linked Site. When you follow a link to another website, that website will be subject to different terms of use and a different privacy policy. Be sure to read and agree to those policies.

Your correspondence or business transactions with, or participation in promotions of, advertisers or third parties found on the Sites, including, without limitation, with respect to payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such transactions, are solely between you and such third parties and do not bind us. You agree that we are not responsible or liable for any action, loss, damage, liability, claim, judgment, cost or expense of any nature or type incurred as a result of such transactions or as a result of the presence of such third parties on the Sites, and you agree to indemnify us from and against any claims incurred as a result of such transactions.

7. Prohibited Conduct

You may not access or use, or attempt to access or use, the Sites or Services to take any action that could harm us or any third party, interfere with the operation of the Sites or Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide.
• Engage in the unauthorized collection of content or personal information through spidering, scraping or other unauthorized automated means, or use any other unauthorized automated means to collect information.
• Obtain or attempt to obtain unauthorized access to other computer systems, Materials, information or any service available on or through the Sites or Services.
• Collect or store personal data about other users of the Sites or Services or solicit personal information from any individual without appropriate rights or the individual’s consent;
• Use any device, software or routine to interfere with or attempt to interfere with the proper functioning of the Sites or Services or any activity conducted on the Sites or Services or attempt to probe, scan, test the vulnerability of or breach the security of any system or network;
• Circumvent, reverse engineer, decrypt, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support any other person’s attempt to engage in such activities) any software that comprises or is part of the Sites. The use or distribution of tools designed to compromise security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
• Take any action that imposes an unreasonable or disproportionately large burden on our network or infrastructure;
• Upload or transmit any communication, software or Material that contains a virus or is otherwise harmful to the computers or systems of the Company or its users;
• Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mail bombs” or “spamming”);
• Violate, or encourage any conduct that violates, any applicable law or regulation;
• Engage in fraud or misuse of the Services;
• Cause harm, embarrassment or adverse publicity to the Company; or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites or Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damage or harm of any kind.

8. Security

Violating the security of the Sites or Services is prohibited, which may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, legal authorities if a criminal violation is suspected. We may suspend or terminate your access to the Sites or Services for any reason or no reason at any time and without prior notice.

Examples of security violations include, without limitation, unauthorized access to or use of data or systems, including any attempt to probe, scan or test the vulnerability of the Sites or Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host or network, including, but not limited to, mass emailing or news, other flooding techniques, deliberate attempts to overload a system, falsifying any TCP-IP packet header, email header or any part of a message header, except for authorized use of aliases or anonymous remailers, and the use of manual or electronic means to circumvent any usage limitations.

9. Account Use; Risk of Loss

Los Defensores reserves the right to refuse service, cancel orders for products or services or remove or edit content, at its discretion. If you use an account created on one of our Company Sites, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Sites or Services. You also represent that you are using your account for a lawful purpose; you may not use your account, the Sites or the Services for the purpose of committing or encouraging fraudulent acts or to commit acts that would give rise to civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.

You agree not to access the Sites in any manner other than through a commercially available web browser. You are not permitted to upload Material to the Sites that you know or should know infringes the intellectual property rights of others, and you may not upload Material that creates an unnecessary burden affecting the performance of the Sites or the Company’s systems and equipment. You may not use the Sites or services in a manner that could lock out, damage or disable Los Defensores, the Sites or any of our servers. You may not attempt to gain unauthorized access to the Sites or other users’ accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means. You will not upload files containing viruses, Trojan horses, malware, spyware, worms, corrupted files or any other Material or software that could damage the operation of another computer. All uploaded Materials are subject to applicable federal, state and international laws.

10. Submitted Materials

Please note that transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Los Defensores should be sent securely, through a file transfer protocol (FTP) or other similar secure application. If you have any concerns about transmitting such information, please contact our office by phone for further instructions.

Unless specifically requested, our Company does not wish to receive confidential, proprietary or secret information from you through the Sites (including through contact email or forms available on the Sites). You remain fully responsible for any Materials or submissions you provide to us, including, without limitation, any information, requests, creative works, images, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques or demonstrations in any medium, including photographs, graphics, audiovisual media or other Materials submitted, posted, uploaded, sent or otherwise transmitted through this Site or through our social media (“Submitted Material”). Therefore, if you send us any Submitted Material, you grant Los Defensores a royalty-free, unlimited, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works, create collective works and distribute, perform, display, license and sublicense (through multiple tiers) the Submitted Material in any medium now known or hereafter invented, including for commercial purposes. If you send us any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that you own it. You ensure that you have all necessary rights (including privacy and publicity rights) to authorize Los Defensores to use the Material you submit in accordance with the license in this Section.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews on the Websites or in social media mentions or third-party Sites, you grant us the right to use the name, username or profile you submit with any review, comment or other content, in connection with such review, comment or other content. You must not use a false email address, impersonate another person or mislead us or third parties about the origin of any Submitted Material, including reviews, comments or other content. We may, but are not obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

You agree not to provide Submitted Material that:

• Infringes the copyright, trademark, patent or other intellectual property right of third parties;
• Is false, misleading, defamatory, obscene, abusive, hateful or sexually explicit;
• Violates a third party’s right to privacy or publicity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
• Contains epithets or other language or Material intended to intimidate or incite violence;
• Contains a virus, worm, Trojan horse, time bomb or any other harmful program or component;
• Contains commercial material or solicits funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities or otherwise engages in commercial activity; or
• Violates any applicable local, state, national or international law, or promotes illegal activities.

Since Los Defensores does not control the Submitted Material, we do not guarantee the accuracy, integrity, suitability or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may remove, modify, reuse, move or delete any Submitted Material at any time. We do not guarantee confidentiality with respect to any Submitted Material. In no event will Los Defensores be liable in any way for Submitted Material made available through the Websites or social media by you or any third party.

11. Intellectual Property

The Sites contain content protected by copyright, trademarks, service marks, design rights, patents, moral rights or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and these rights are valid and protected in all forms, media and technologies existing now and in the future. Unless otherwise stated in these Terms or on the Sites, Los Defensores or its third-party licensors own all Content on the Sites, including, but not limited to, all videos, text, graphics, user interfaces, visual interfaces, photographs, motion pictures, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Sites are trademarks of their respective owners and do not constitute an endorsement or recommendation of such parties. Furthermore, any use of trademarks or links to third-party websites is not intended to imply that those third parties endorse or have any affiliation with Los Defensores.

Your use of the Sites will not grant you any ownership rights over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made solely for personal and non-commercial use, and provided that you maintain any notice contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, author lines or other proprietary rights notices. You may provide a link to the home page of the corresponding Site unless Los Defensores notifies you that you must stop linking to the Site. You may not post, reproduce, distribute, display, perform, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, including the name and logo of Los Defensores or any of the trademarks of the Sites, in whole or in part, without our prior written consent. You may not electronically store any significant portion of any Content from the Sites. Use of Content from the Sites on any other site, including through linking or framing, or in any networked computer environment, for any purpose, is prohibited without prior written approval from Los Defensores.

To obtain permission to use Content from the Sites or marketing material created and distributed by Los Defensores, you must request permission in writing in advance and provide full attribution. The permission request must be made by contacting [email protected].

12. Infringement Claims

Los Defensores respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which can be found on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Los Defensores will respond expeditiously to notices of alleged copyright infringement that are duly reported to its designated Copyright Agent identified in the notice detailed below. Los Defensores will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been violated in any other way, please provide Los Defensores with the following notice of alleged copyright infringement (“DMCA Notice”):

Notice of Alleged DMCA Infringement (“Notice”)

• Identify the copyrighted work you claim has been infringed, or if this Notice covers multiple works, you may provide a representative list of the copyrighted works you claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
• Provide your mailing address, phone number and, if available, email address.
• Include the following statements in the body of the Notice:
• “I hereby state in good faith that the disputed use of the copyrighted material is not authorized by the copyright owner, its representative or the law (e.g., fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or am authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that has allegedly been infringed.”
• Provide your full legal name and your electronic or physical signature.
• Send this Notice, with all items completed, to Los Defensores’ Designated Copyright Agent:

Copyright Agent

Los Defensores

20101 Hamilton Ave, Suite 375

Torrance, CA 90502

While Los Defensores takes all such notices seriously, you may be liable for damages (including costs and attorney’s fees) if you falsely claim that content or activity infringes copyright. Therefore, if you are not sure whether Material infringes your copyright (including whether the use of a copyrighted Material may constitute fair use), you may wish to seek the advice of a lawyer.

13. Indemnification

You agree to defend, indemnify and hold harmless Los Defensores, its affiliates, related entities, divisions, subsidiaries or parent companies, its officers, directors, employees, affiliates and agents, from any claim, loss, damage, fine, penalty or other liabilities of any kind associated in any way with: (i) your use of and access to the Sites or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third-party rights, including copyrights, trademarks, trade secrets or privacy rights related to your User Content (as applicable), use of the Sites or any other use of the Sites or Services using your computer, mobile device or account credentials.

14. Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES THAT APPEAR OR ARE OFFERED ON THE SITE, ALL OF WHICH ARE PROVIDED “AS IS”. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR THIRD-PARTY PROPRIETARY RIGHTS OR ANY PRIVACY RIGHTS; (3) WARRANTIES RELATED TO THE TRANSMISSION OR DELIVERY OF THE SITE OR SERVICES; (4) WARRANTIES RELATED TO THE INTEGRITY, ACCURACY, RELIABILITY, CORRECTNESS OR TIMELINESS OF ANY INFORMATION ON THIS WEBSITE OR PROVIDED BY US; (5) WARRANTIES RELATED TO THE PERFORMANCE, NON-PERFORMANCE OR OTHER ACTIONS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. IN ADDITION, LOS DEFENSORES DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THOSE OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT COULD INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY DUE TO YOUR ACCESS, USE OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES FOR YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. Release

If you have a dispute with us or with one or more users of the Sites or Services, you release Los Defensores (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way related to such disputes.

You expressly acknowledge and agree that you waive all rights under Section 1542 of the California Civil Code. Such section states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.

16. Termination

Los Defensores reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms and your access to all or part of the Sites, Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing use of the Services and accessing the Sites. Los Defensores also reserves the right, in its sole discretion, to discontinue providing the Sites or Services at any time.

17. Severability

If any provision of these Terms is found to be invalid, void or unenforceable in whole or in part in any jurisdiction for any reason, the remainder of that provision and the complete Agreement will be severable and will remain in full force and effect.

18. Governing Law

These Terms will be governed by the laws of the United States and the State of California, as applicable, without resort to any conflict of laws provisions. By using the Sites, you waive any claims that may arise under the laws of other countries or territories.

19. Dispute Resolution; Jury Trial and Class Action Waiver

With respect to any dispute arising out of or in connection with the Sites, Services or these Terms (including, without limitation, the Privacy Policy), Los Defensores and you agree to negotiate in good faith and make reasonable efforts to cooperate with each other in order to achieve a satisfactory resolution. If you and Los Defensores do not resolve any dispute through informal negotiation within 60 days, then either party may, by notice to the other party, demand mediation under the supervision of JAMS (“JAMS”) in Los Angeles, California. If no agreement is reached within 90 days after the filing of a written demand for mediation (a period that may be extended by written agreement of both parties), any unresolved controversy or claim will be resolved by the initiation of binding arbitration in accordance with JAMS rules before a single arbitrator in Los Angeles, California. The costs of arbitration will be shared equally by the parties, unless the arbitration determines that the costs will be assessed differently, and the arbitration tribunal may award the prevailing party its attorney’s fees and expenses. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant and non-privileged documents, which will be conducted expeditiously. Both you and Los Defensores understand that you are waiving the right to litigate (or participate as a party or class member) all disputes in a court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Los Defensores will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties in all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute could first be filed. If a claim or dispute is not filed within one year, it will be permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, and the remainder of this section will continue in full force and effect.

You agree that Los Defensores has the right to obtain preliminary injunctive relief to the extent permitted by law to enforce any of the terms of these Terms while awaiting a final arbitral decision. You and Los Defensores understand that you are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. In the event that a dispute is not resolved through arbitration, such disputes will be filed solely in the state and federal courts located in Los Angeles County, California. By accepting these Terms, you irrevocably and unconditionally agree to submit to the exclusive jurisdiction of such courts.

20. General

You may not assign the rights granted or delegate any of your duties under this agreement, and any attempt to do so will be void and of no effect. Los Defensores may assign its rights and delegate its duties under this agreement in its entirety in connection with a merger, reorganization or sale of all or substantially all of its assets related to these Terms. Nothing in this agreement constitutes a partnership or joint venture between you and Los Defensores. Los Defensores does not guarantee continuous, uninterrupted or secure access to this site or services, and the operation of the sites may be affected by numerous factors outside its control. The failure of Los Defensores to take action with respect to a breach by you or others does not waive our right to take action with respect to subsequent or similar breaches. These Terms set forth the complete understanding and agreement between you and Los Defensores with respect to the subject matter hereof. Sections 7 (Prohibited Conduct); 8 (Security); 9 (Account Use; Risk of Loss); 10 (Submitted Materials); 11 (Intellectual Property); 13 (Indemnification); 14 (Disclaimers); 15 (Limitation of Liability); 16 (Release); 18 (Severability); 19 (Governing Law; Jurisdiction); 20 (Dispute Resolution; Class Action and Jury Trial Waiver) and 21 (General) survive any termination or expiration of this agreement. In addition, any provision that, by its nature, was intended to survive the termination of these Terms will do so.

21. ADA Compliance Notice

We are committed to making website content accessible to all. If you have difficulty accessing, viewing and/or navigating website content, or if you notice any content, feature or functionality that you believe is not fully accessible to persons with disabilities, please contact us using the information in the “Contact Us” section below with “Website Access” in the subject line and provide a description of the specific feature you consider not fully accessible or a suggestion for improvement, along with information about the browser and device you are using to access our site. We take all feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our accessibility policies in general.

22. Contact Us

If you have questions about these Terms or the Services, you can contact us as follows:

Los Defensores,

20101 Hamilton Ave, Suite 375,

Torrance, CA 90502

Email: [email protected]

Phone: 1-800-492-5537