Terms of Use

Last updated: May 05, 2020

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Welcome to Los Amigos de Valles Caldera!  We invite you to access our website and shop in our online store, but please note that your accessing and using this website is subject to these Terms of Use.  This document describes your rights and our rights relating to the provision of the Service (as defined below), so please read these Terms carefully.

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Interpretation

The words whose initial letter is capitalized have meanings defined under the following conditions.  The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Los Amigos (referred to as either "Los Amigos," "We," "Us," or "Our" in this Agreement) refers to Los Amigos de Valles Caldera, a 501(c)(3) non-profit organization whose mailing address is PO Box 31952, Santa Fe, NM 87594.

• Country refers to:  New Mexico, United States

• Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.

• Service refers to the Website.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Los Amigos regarding the use of the Service. 

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to Los Amigos de Valles Caldera, accessible at http://www.losamigosdevallescaldera.org

• You means the individual accessing or using the Service, or the company, or other legal entity, on behalf of which such individual is accessing or using the Service, as applicable.

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Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Los Amigos.  These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

 

By accessing or using the Service, You agree to be bound by these Terms and Conditions.  If You disagree with any part of these Terms and Conditions then You may not access the Service.

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You represent that you are over the age of 18.  Los Amigos does not permit those under 18 to use the Service.  Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Los Amigos.  Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.  Please read Our Privacy Policy carefully before using Our Service.

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Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Los Amigos.  Los Amigos has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.  You further acknowledge and agree that Los Amigos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. 

 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

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Content and Trademarks

All content included as part of the Service, such as text, graphics, logos, and images, as well as the complication thereof, and any software used on the Website, is the property of Los Amigos or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends, and other restrictions contained in any such content and will not make any changes thereto.

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You will not modify, transmit, publish, reserve engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.  Los Amigos content is not for resale.  Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Los Amigos and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of Los Amigos or our licensors except as expressly authorized by these Terms.  

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Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

 

Upon termination, Your right to use the Service will cease immediately.

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Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of Los Amigos and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 USD if You haven't purchased anything through the Service.

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To the maximum extent permitted by applicable law, in no event shall Los Amigos or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Los Amigos or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.  In these states, each party's liability will be limited to the greatest extent permitted by law.

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"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.  To the maximum extent permitted under applicable law, Los Amigos, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.  Without limitation to the foregoing, Los Amigos provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

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Without limiting the foregoing, neither Los Amigos nor any of Los Amigos's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Los Amigos are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

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Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.  But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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Indemnification

You agree to indemnify, defend and hold harmless Los Amigos, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use or inability to use the Website or Service, your violation of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.  Los Amigos reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subjects to indemnification by You, in which event You will fully cooperate with Los Amigos in asserting any available defenses.  

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Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.  Your use of the Application may also be subject to other local, state, national, or international laws.

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Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Los Amigos.

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For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

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United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

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Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

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Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.  You agree that the original English text shall prevail in the case of a dispute.

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Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.  What constitutes a material change will be determined at Our sole discretion.

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By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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Contact Us

If you have any questions about these Terms and Conditions, You can contact us at:

• By mail:  PO Box 31952, Santa Fe, NM 87594-1952

• By email:  losamigos@losamigosdevallescaldera.org