Website Terms of Use

 

Acceptance of the Terms of Use

 

These terms of use are entered into between you and LL Collective LLC (the “Company,” “we,” or “us”). The following terms and any documents they reference (collectively, the “terms of use”), govern your access to and use of https://latinalotus.com/, including any content, functionality, and services offered on or through https://latinalotus.com/ (the “Website”), whether as a guest or a registered user.

 

Please read the terms of use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the terms of use when this option is made available to you, you accept and agree to be bound and abide by these terms of use. If you do not want to agree to these terms of use, you must not access or use the Website.

 

These terms of use contain provisions that govern how claims you and we have against each other are resolved (see “Warranty Disclaimers,” “Limitation of Liability,” and “Dispute Resolution” provisions below). It also contains an arbitration and class action waiver (see “Arbitration and Class Action Waiver”) (the “Arbitration Agreement”). Except for certain types of disputes described in the Arbitration Agreement, you and the Company agree that any disputes arising out of these terms of use or the Website will be resolved through binding arbitration. By accepting these terms of use, you and the Company are each waiving the right to a trial by jury or representative proceeding or to participate in any class action lawsuit or class-wide arbitration.

 

The Website is offered and available to users who are 18 years of age or older, have reached the age of majority in their jurisdiction, reside in locations where accessing websites with adult-oriented material is not prohibited, and do not find that material offensive. By using this Website, you confirm that (1) you are of legal age to form a binding contract with the Company, (2) you are of legal age in your jurisdiction to view adult content, and (3) you do not find adult-oriented material offensive. If you do not meet all these requirements, you must not access or use the Website.

 

Changes to the Terms of Use

We may revise and update these terms of use on one or more occasions. All changes are effective immediately upon posting and apply to all access to and use of the Website afterwards. However, any changes to the Dispute Resolution section will not apply to disputes for which the parties had actual notice before the changes were posted.

 

Your continued use of the Website after the posting of revised terms of use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

Membership

The Company provides a subscription service that allows members to access adult entertainment content (the “Content”) over the Internet on the Website.

 

We offer various subscription plans, each with its own conditions and limitations. Any differences in terms will be disclosed at the time of sign-up or through other communications provided to you.

 

Your membership will automatically renew and continue until terminated. To purchase a membership, you must provide us with one or more valid Payment Methods. “Payment Method” means a current, accepted payment option, which may include payment through a third-party account and can be updated as needed. You must cancel your membership before the renewal date to avoid being charged subscription fees for the next billing cycle (see “Cancellation” below).

 

Trial Subscriptions

If you are offered a trial subscription, the terms will be disclosed at the time of sign-up. You may incur an initial charge at the start of the trial period, and unless canceled before the trial ends, you will be charged the applicable subscription fee at the end of the trial. To avoid charges, you must cancel your trial subscription before the trial period concludes. Trial subscriptions are subject to the same cancellation terms as regular subscriptions (see “Cancellation” below).

 

Promotional Offers

We may occasionally provide special promotional offers, plans, or memberships (“Offers”). Offer eligibility is determined solely by the Company at its discretion. We reserve the right to revoke an Offer and place your account on hold if we determine that you do not meet eligibility criteria, which may include factors such as device ID, IP address, Payment Method, or an account email associated with an existing or recent membership. Eligibility requirements, along with any limitations or conditions, will be disclosed at the time you sign up for the Offer or in other communications provided to you.

 

Billing and Cancellation

Billing Cycle

Your subscription fee, along with any other charges incurred in connection with your use of the service (e.g., taxes or transaction fees), will be charged to your Payment Method at the start of each subscription period, as specified during sign-up. The length of your billing cycle depends on the subscription plan you selected when you registered. Subscription fees are fully earned upon payment.

Your payment date may change under certain circumstances, such as if your Payment Method fails to process, if you change your subscription plan, or if your subscription started on a day not included in a particular month. In such cases, we will notify you in advance of any changes to your payment date.

We may preauthorize your Payment Method in anticipation of subscription or service-related charges. This may include authorizing up to approximately one month of service at the time of registration.

If you are offered a trial subscription, you may incur an initial charge at the start of the trial period. Unless canceled before the trial ends, you will be charged the applicable subscription fee at the conclusion of the trial period.

 

Payment Methods

To access the Content, you must provide a valid Payment Method. You are responsible for any unpaid amounts.  If a payment fails due to expiration, insufficient funds, or other issues, and you do not cancel your account, we may suspend your access to the Content until a valid Payment Method is successfully charged.

We will notify you of any payment failure and allow you to update your Payment Method. Note that some Payment Methods may incur additional charges from the issuer, such as foreign transaction or processing fees. Contact your Payment Method provider for details.

 

Updating your Payment Method

You can update your Payment Method by contacting the payment processor you signed up through, as indicated in your confirmation email receipt. Payment processors may also update your Payment Method automatically using information provided by payment service providers. If your Payment Method is updated, you authorize the payment processor to continue charging the updated Payment Method.

 

Cancellation

You can cancel your membership at any time and continue to access the Website until the end of your billing period. To cancel, contact customer support at support@latinalotus.com for help.

 

If you cancel your membership, your account will automatically close at the end of your current billing period. The closure date will be listed in your cancellation confirmation email.

 

Changes to the Price and Subscription Plans

We may update our subscription plans or adjust the price of our service on one or more occasions. If we make changes, we will notify you at least one month in advance of the effective date. If you do not agree to the updated price or subscription plan, you can cancel your membership before the changes take effect.

 

No Refunds

Except as required by law, all payments are nonrefundable, and we do not provide refunds or credits for partially used subscription periods. If you cancel your membership, you will still have access to the Website until the end of your current billing period.

 

We may choose to offer refunds, discounts, or other credits at our discretion. The decision to provide these credits, as well as their amount and form, is entirely up to us. Offering credits in one situation does not guarantee or entitle you to credits in the future, even in similar circumstances.

 

Pay-Per-Content Purchases and Tipping

Pay-Per-Content Purchases

In addition to subscription-based access, the Website allows users to purchase access to individual videos, photographs, or other digital content on a pay-per-content basis (each, a “Pay-Per-Content Purchase”). The pricing for Pay-Per-Content Purchases will be displayed at the time of purchase. By completing a Pay-Per-Content Purchase, you acknowledge and agree that:

• Pay-Per-Content Purchases are non-refundable, except as required by law.
• The content will be available to you for the duration specified at the time of purchase. If no duration is specified, access is granted as long as the content remains available on the Website.
• We may remove content at any time, and if a purchased item is removed within a reasonable time after your purchase, we may, at our discretion, offer a credit or replacement content.
• You are solely responsible for ensuring your device and internet connection are suitable for accessing the purchased content.

 

Tipping

The Website allows users to send tips (gratuities) to support our models. By sending a tip, you agree that:

• Tips are voluntary and non-refundable.
• A tip does not entitle you to any additional content, services, or interactions unless expressly stated.
• The Company reserves the right to impose minimum or maximum tipping amounts and modify tipping features at any time.
• The recipient of the tip may receive a portion of the tip amount, with the remainder retained by the Company in accordance with its revenue-sharing policies.

 

Billing for Pay-Per-Content Purchases and Tips

All Pay-Per-Content Purchases and tips will be charged to your designated Payment Method at the time of the transaction. You authorize us or our payment processor to process these payments immediately upon confirmation of your purchase.

 

If a payment fails or is reversed, we reserve the right to revoke access to the purchased content or deduct the tipped amount from your account balance, if applicable.

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. On one or more occasions, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Access to certain Content or features requires a paid subscription, and that access is granted solely during your active subscription.

 

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these terms of use and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate. All information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and must not provide any other person with access to this Website or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also must ensure that you log off from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

 

We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of use or engaged in fraudulent or illegal activities.

 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement of it), are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These terms of use allow you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
• You may stream or download Content for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take those actions as are enabled by those social media features.

 

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the terms of use, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you, and the Company reserves all rights not granted under these terms of use. Any use of the Website not permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark, and other laws.

 

Trademarks

The Company name, the term LATINA LOTUS, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these terms of use. You must not use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To exploit, harm, or attempt 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 try to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, may harm the Company or users of the Website, or expose them to liability.

 

Additionally, you must not:

• 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.
• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website for any purpose, including the development, training, fine-tuning, or validation of AI systems or models. This includes using (or permitting, authorizing, or attempting the use of) (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Website or any data, content, information, or services accessed through the Website, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate AI systems or models that includes but is not limited to patterns, trends, and correlations.
• Use the Website or any data published by, contained in, or accessible through, the Website or any services provided through, or concerning, the Website for the purposes of developing, training, fine-tuning, or validating any AI system or model or for any other purposes.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not authorized in these terms of use, 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 by a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise try to interfere with the proper working of the Website.

 

Private Label Cam Sites

General

Our Website hosts or contains private-label cam sites, either directly or through subdomains. These cam sites are operated by third-party providers under license or agreement with the Company. While these sites may bear our branding or be integrated into our platforms, the content and activities are managed primarily by third-party operators.

 

Content and Conduct

The content and activities on private-label cam sites, including live streams, videos, images, and other media, are the sole responsibility of the third-party operators and users generating the content. We do not control the content posted on these cam sites and are not liable for content that violates our standards or the law.

 

You must not:

• Engage in or promote illegal activities on the cam sites, including the distribution of obscene material, exploitation of minors, or human trafficking.
• Harass, abuse, or infringe on the privacy or rights of other users, performers, or operators.
• Use the cam sites to distribute unsolicited promotional material, spam, or engage in fraudulent activities.

 

Subdomain Management and Liability

Private-label cam sites hosted on subdomains of our Website are the responsibility of their operators to ensure compliance with laws, regulations, and these terms of use.

 

Operators are required to:

• Monitor all content and activities to ensure compliance with these terms of use and applicable laws.
• Address user complaints or reports of misconduct promptly.
• Implement appropriate security measures to protect user data and prevent unauthorized access.

 

The Company is not liable for actions, omissions, or content provided by third-party operators on these subdomains.

 

Monitoring and Action

Although the Company does not assume responsibility for private-label cam sites, we reserve the right to monitor these sites and take action as needed to comply with legal obligations or protect our rights and interests.

 

Dispute Handling

Disputes arising from your interaction with private-label cam sites are subject to the Dispute Resolution terms in this agreement. The Company will not be a party to disputes between you and third-party operators unless required by law.

 

Limitation of Liability

The Company is not responsible for the content, actions, or omissions of third-party operators of private-label cam sites. Your use of these cam sites is at your own risk, and the Company is not liable for damages or losses resulting from your interaction with these cam sites.

 

Reliance on Information Posted

The information provided on or through the Website is made available solely for general information purposes. We are not making any warranty regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We are not liable for any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

This Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website

We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update that material.

 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

 

Linking to the Website and Social Media Features

You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

 

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us and solely regarding the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of these terms of use.

 

The website from which you are linking, or on which you make certain content accessible, must not contain any obscene or illegal content.

 

You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We rmay withdraw linking permission without notice.

 

We may disable any social media features and any links without notice.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.

 

Warranty Disclaimers

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

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

 

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available,” without any warranties, either express or implied. Neither the Company nor any person associated with the Company is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company states that the Website, its content, or any services or items 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 extent provided by law, the Company is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.

 

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Limitation of Liability

To the extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites or any services or items obtained through the Website or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

 

To the extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 and the total amount you have paid to the Company in the last six months for the applicable service out of which liability arose.

 

The foregoing does not apply to liability resulting from our gross negligence or willful misconduct.

 

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

 

Indemnification

You shall indemnify the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 of use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these terms of use or your use of any information obtained from the Website.

 

Dispute Resolution

Governing Law

Delaware law governs all adversarial proceedings arising out of this agreement or access or use of the Website.

 

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

 

Arbitration and Class Action Waiver

Mandatory Arbitration. You and the Company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

 

Arbitration forum. As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation (“NAM”) in accordance with its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, Supplemental Rules for Mass Arbitration Filings, which are available at https://www.namadr.com/resources/rules-fees-forms/. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction. The activities described in these terms of use involve interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement and any arbitration.

 

Arbitration procedures. Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator. Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in Dover, Delaware, or any other place mutually agreed on by the parties. The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. The Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitration, except that the state or federal courts of Dover, Delaware have the authority to determine any dispute about enforceability or validity of the class action waiver.

 

Small claims exception. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

 

Class and Jury Trial Waivers. The parties intend to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

 

Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and the Company agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

 

Severability. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the Arbitration Agreement will remain in force.

 

Jurisdiction

If either party brings a proceeding regarding the enforceability or validity of the class action waiver or seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the District of Delaware or, only if there is no federal subject matter jurisdiction, in a state court of Delaware sitting in Dover.

 

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

 

Recovering Expenses

Except as otherwise provided in this agreement, in an adversarial proceeding between the parties arising out of this agreement or access or use of the Website, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

 

Time Limit to File Claims

Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website more than one year after the date that dispute arose.

 

Waiver and Severability

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

 

If any provision of these terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the terms of use will continue in full effect.

 

Entire Agreement

These terms of use constitute the entire understanding between the parties regarding this agreement or access or use of the Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by the Company arising out of this agreement or access or use of the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.

 

Feedback

We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms of use will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

 

Communication Preferences

We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to your email address provided during registration. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

Your Comments and Concerns

This Website is operated by LL Collective LLC, 8 The Green, Suite A, Dover, Delaware 19901.

 

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@latinalotus.com.

 

California Users and Residents. California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.