Terms of Service

PART I: TERMS OF SERVICE

IMPORTANT NOTICE — PLEASE READ CAREFULLY

THESE TERMS OF SERVICE (“TERMS”) CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 17. BY ACCESSING OR USING THE NEXTGENLATINA WEBSITE, MOBILE APPLICATIONS, OR ANY RELATED SERVICES (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and NextGenLatina, LLC, a California limited liability company (“NextGenLatina,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of the Services, including all content, functionality, and services offered on or through www.nextgenlatina.com (the “Site”), our mobile applications, and any other digital platforms operated by NextGenLatina.

1. DEFINITIONS

For purposes of these Terms, the following capitalized terms shall have the meanings set forth below:

“Content” means any text, data, graphics, images, photographs, illustrations, animations, videos, audio clips, music, podcasts, articles, editorials, recipes, beauty and wellness guides, cultural commentary, personal essays, advice columns, product reviews, user-generated submissions, software code, and any other materials or information made available through the Services.

“Company Content” means all Content created, owned, licensed, or otherwise controlled by NextGenLatina, including but not limited to editorial articles, original video productions, beauty and fashion content, cultural features, lifestyle guides, graphics, trademarks, logos, trade dress, and the overall design and layout of the Services.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals, and extensions, under the laws of any state, country, territory, or other jurisdiction.

“Services” means the Site, our mobile applications, APIs, widgets, push notifications, email communications (including newsletters), social media pages and accounts, and any other digital platform or service operated by NextGenLatina, together with all Content and functionality made available thereon.

“Third-Party Content” means Content provided by third-party licensors, syndicators, contributors, brand partners, or other partners, including but not limited to syndicated articles, affiliate product listings, embedded media, and sponsored brand content.

“User Content” means any Content that a User submits, posts, uploads, publishes, or otherwise transmits through or in connection with the Services, including but not limited to comments, forum posts, ratings, reviews, photographs, videos, recipes, personal stories, and social media interactions.

“User” or “you” means any individual who accesses or uses the Services, whether registered or unregistered, and whether accessing the Services via desktop, mobile device, application, API, or any other means.

2. ACCEPTANCE OF TERMS; MODIFICATIONS

2.1 Agreement to Terms

By accessing, browsing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (set forth in Part II of this document and available at www.nextgenlatina.com/privacy), which is incorporated herein by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2.2 Eligibility

The Services are intended for users who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you are between the ages of thirteen (13) and eighteen (18), you may use the Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not directed to children under the age of thirteen (13), and we do not knowingly collect personal information from children under thirteen (13) in compliance with the Children’s Online Privacy Protection Act (“COPPA”).

2.3 Modifications to Terms

NextGenLatina reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. We will provide notice of material changes by posting the revised Terms on the Site with a new “Last Updated” date and, where required by applicable law, by providing additional notice (such as email notification or a prominent notice on the Services). Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the revised Terms.

2.4 Additional Terms

Certain features, promotions, contests, sweepstakes, or services offered through the Services may be subject to additional terms and conditions (“Supplemental Terms”). In the event of a conflict between these Terms and any Supplemental Terms, the Supplemental Terms shall control with respect to the applicable feature, promotion, or service.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

Certain features of the Services may require you to create an account (“Account”). When creating an Account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You may not create an Account using a false identity, impersonate any person or entity, or misrepresent your affiliation with any person or entity.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials, including your username and password, and for all activities that occur under your Account. You agree to notify NextGenLatina immediately of any unauthorized use of your Account or any other breach of security. NextGenLatina shall not be liable for any loss or damage arising from your failure to comply with this Section 3.2.

3.3 Account Termination

NextGenLatina reserves the right to suspend, deactivate, or terminate your Account, or restrict your access to the Services, at any time and for any reason, including but not limited to violations of these Terms, without prior notice or liability to you. You may terminate your Account at any time by contacting us at legal@nextgenlatina.com.

4. LIFESTYLE CONTENT; EDITORIAL INDEPENDENCE; DISCLAIMERS

4.1 Nature of Lifestyle Content

The Services provide Latina-focused lifestyle content, including but not limited to articles, opinion pieces, editorials, personal essays, cultural commentary, beauty tutorials, skincare and wellness guides, fashion features, food and recipe content, home and décor features, relationship and parenting advice, career guidance, financial wellness content, travel features, book and entertainment reviews, social justice commentary, and multimedia content. The Company endeavors to provide thoughtful, culturally relevant content; however, all Content is provided for informational and entertainment purposes and should not be relied upon as professional advice.

4.2 Editorial Independence

NextGenLatina maintains full editorial independence over all Company Content. The views and opinions expressed in editorial articles, columns, personal essays, opinion pieces, and cultural commentary are those of the respective authors and do not necessarily reflect the official position or views of NextGenLatina, its affiliates, advertisers, or partners. The inclusion of advertisements, sponsored content, affiliate links, or brand partner integrations on the Services does not imply endorsement of the advertiser’s products, services, or viewpoints.

4.3 Health, Beauty, and Wellness Disclaimer

IMPORTANT: The Content provided through the Services is for informational and entertainment purposes only and does not constitute professional advice of any kind. Without limiting the foregoing, no Content on the Services shall be construed as (a) medical, dermatological, nutritional, or mental health advice, diagnosis, or treatment; (b) a substitute for consultation with a qualified healthcare professional, licensed dietitian, or therapist; (c) legal or financial advice; or (d) an endorsement or guarantee of the safety, efficacy, or suitability of any product, ingredient, treatment, regimen, or service reviewed, featured, or advertised on the Services. You acknowledge that beauty, skincare, wellness, dietary, and fitness information varies by individual and that you are solely responsible for any decisions you make based on Content. NextGenLatina expressly disclaims any and all liability arising from your reliance on any Content provided through the Services.

4.4 Affiliate Links and Product Reviews

Certain Content on the Services may include affiliate links to third-party retailers and e-commerce platforms. When you click an affiliate link and make a purchase, NextGenLatina may earn a commission at no additional cost to you. Affiliate relationships do not influence our editorial content or product reviews. All affiliate links and material connections will be disclosed in accordance with applicable Federal Trade Commission (“FTC”) guidelines.

4.5 Cultural Content and Representation

NextGenLatina is committed to authentic representation of Latina and Hispanic experiences across the diverse spectrum of our community. Content on the Services reflects a wide range of cultural perspectives, lived experiences, and viewpoints. The Company does not represent that any single piece of Content speaks for or represents the views of all Latina or Hispanic individuals or communities.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership of Company Content

The Services and all Company Content are owned by or licensed to NextGenLatina and are protected by United States and international copyright, trademark, patent, trade secret, and other Intellectual Property Rights and unfair competition laws. The compilation, arrangement, and display of all Content on the Services is the exclusive property of NextGenLatina. All software used on or in connection with the Services is the property of NextGenLatina or its licensors and is protected by United States and international copyright laws.

5.2 Trademarks

“NEXTGENLATINA,” the NextGenLatina logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NextGenLatina or its affiliates. You may not use such marks without the prior written permission of NextGenLatina. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

5.3 Limited License to Users

Subject to your compliance with these Terms, NextGenLatina grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and to view, download, and print Company Content solely for your personal, non-commercial use. This license does not include the right to: (a) modify, reproduce, distribute, publicly display, publicly perform, or create derivative works of any Company Content; (b) use any data mining, robots, scraping, or similar data-gathering or extraction methods on the Services; (c) download (other than page caching) or store any Company Content except as expressly permitted; (d) use the Services or any Company Content for any commercial purpose without NextGenLatina’s prior written consent; or (e) frame, mirror, or deep-link to any portion of the Services.

5.4 Reservation of Rights

Except for the limited license expressly granted herein, NextGenLatina reserves all rights, title, and interest in and to the Services and all Company Content. Nothing in these Terms shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under any Intellectual Property Rights of NextGenLatina or any third party.

5.5 Recipe and Creative Content

Original recipes, DIY tutorials, craft instructions, and other creative content published on the Services are protected by copyright. While the underlying facts (e.g., a list of ingredients) may not be copyrightable, the specific expression, creative arrangement, original photographs, accompanying narrative, and instructional text are protected. You may share recipes and creative content for personal, non-commercial use with proper attribution to NextGenLatina but may not republish, syndicate, or commercially exploit such content without prior written permission.

6. USER CONTENT AND CONDUCT

6.1 User Content License

By submitting, posting, uploading, or otherwise making available any User Content through the Services, you hereby grant NextGenLatina a worldwide, perpetual, irrevocable, non-exclusive, fully paid-up, royalty-free, transferable, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, translate, prepare derivative works of, distribute, publicly display, publicly perform, transmit, broadcast, and otherwise exploit such User Content in any and all media formats and channels now known or hereafter developed, without notice, compensation, or attribution to you or any third party, for any purpose whatsoever, including but not limited to commercial, advertising, and promotional purposes.

6.2 Representations Regarding User Content

You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to grant the license set forth in Section 6.1; (b) your User Content does not and will not infringe, misappropriate, or violate any Intellectual Property Rights, rights of privacy, rights of publicity, or other proprietary rights of any third party; (c) your User Content does not contain any material that is defamatory, obscene, threatening, harassing, discriminatory, or otherwise unlawful; and (d) your User Content complies with all applicable laws, rules, and regulations.

6.3 Prohibited Conduct

You agree not to use the Services to:

Post, upload, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
Impersonate any person or entity, including any NextGenLatina employee, contributor, official, agent, or representative.
Engage in bullying, harassment, doxxing, or targeted attacks against any individual or community, including on the basis of race, ethnicity, national origin, gender, gender identity, sexual orientation, religion, disability, or immigration status.
Engage in any form of commercial solicitation, advertising, or promotion without prior written consent, including chain letters, junk mail, spam, or unsolicited messaging.
Upload, post, or transmit any material that contains software viruses, worms, Trojan horses, or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
Interfere with or disrupt the Services, servers, or networks connected to the Services.
Use any robot, spider, scraper, or other automated means to access the Services for any purpose without NextGenLatina’s prior written permission.
Attempt to gain unauthorized access to any portion of the Services, other Accounts, computer systems, or networks connected to the Services.
Collect, harvest, or store personal data about other Users without their express consent.
Reproduce, republish, upload, post, transmit, resell, or distribute in any way any Company Content or Third-Party Content for commercial purposes without prior written authorization.
Post content that promotes dangerous or medically unsupported health, beauty, or dietary practices.

6.4 Content Moderation

NextGenLatina reserves the right, but has no obligation, to monitor, review, edit, remove, or disable access to any User Content at any time, for any reason or no reason, without prior notice. NextGenLatina is not responsible for any User Content posted by Users or third parties, even if such content is deemed offensive, harmful, or inaccurate.

6.5 Community Guidelines

The Services may include interactive features such as comment sections, forums, community boards, and social media integrations. Users participating in these interactive features agree to abide by our Community Guidelines, which are incorporated herein by reference and available at www.nextgenlatina.com/community-guidelines. NextGenLatina is committed to fostering a respectful, inclusive community that celebrates the diversity of Latina and Hispanic experiences. NextGenLatina reserves the right to ban or restrict any User from accessing interactive features for violations of these Terms or the Community Guidelines.

7. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) COMPLIANCE

7.1 Notification of Infringement

NextGenLatina respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, NextGenLatina will respond expeditiously to claims of copyright infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information:

A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit NextGenLatina to locate the material.
Your contact information, including your address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

7.2 Designated Copyright Agent

DMCA notices should be sent to:

NextGenLatina, LLC
Attn: Legal Department — DMCA Agent
Email: dmca@nextgenlatina.com

7.3 Counter-Notification

If you believe that your User Content that was removed is not infringing, or that you have authorization from the copyright owner to post and use the content, you may submit a counter-notification to our Designated Copyright Agent containing the information required under 17 U.S.C. § 512(g)(3).

7.4 Repeat Infringer Policy

In accordance with the DMCA, NextGenLatina has adopted a policy of terminating, in appropriate circumstances and at NextGenLatina’s sole discretion, the Accounts of Users who are deemed to be repeat infringers.

8. THIRD-PARTY LINKS, SERVICES, AND INTEGRATIONS

The Services may contain links to third-party websites, applications, services, or resources (“Third-Party Services”), including but not limited to social media platforms, e-commerce retailers, beauty and wellness product vendors, affiliate marketing partners, recipe and food platforms, streaming services, and event ticketing services. These Third-Party Services are not under the control of NextGenLatina, and NextGenLatina is not responsible for the content, products, services, privacy practices, or any other aspect of any Third-Party Service. You access Third-Party Services at your own risk and are subject to the terms and conditions and privacy policies of such Third-Party Services.

9. ADVERTISING; SPONSORED CONTENT; AFFILIATE DISCLOSURES

9.1 Advertisements

The Services may display advertisements, including targeted advertisements based on information collected in accordance with our Privacy Policy. By using the Services, you agree that NextGenLatina and its advertising partners may place advertisements on, about, or in conjunction with the Services, including within or adjacent to User Content.

9.2 Sponsored Content and Brand Partnerships

Certain content on the Services may be sponsored by or created in partnership with third-party brands. All sponsored content, brand partnerships, and material connections will be clearly identified and disclosed in accordance with applicable Federal Trade Commission (“FTC”) guidelines, including the FTC’s Endorsement Guides (16 C.F.R. Part 255), and any other applicable laws. Disclosures will appear prominently and proximate to the relevant content. NextGenLatina’s inclusion of sponsored content does not constitute an endorsement of the sponsor’s products, services, or viewpoints.

9.3 Affiliate Links

The Services may contain affiliate links to third-party retailers and e-commerce platforms. NextGenLatina may earn a commission when you make a purchase through an affiliate link. Affiliate relationships are disclosed in accordance with FTC guidelines. The presence of affiliate links does not influence our editorial independence, and all product recommendations reflect the genuine opinions of our editorial team.

10. CONTESTS, SWEEPSTAKES, AND PROMOTIONS

The Services may contain or offer sweepstakes, contests, giveaways, or other promotions (“Promotions”) that may be sponsored or co-sponsored by third-party brands. By participating in a Promotion, you are agreeing to the official rules governing that Promotion, which may require you to provide personal information to the sponsor. It is your responsibility to read the official rules for each Promotion. NextGenLatina is not responsible for the products, services, or practices of any Promotion sponsor.

11. PRIVACY AND DATA PROTECTION

Your use of the Services is subject to NextGenLatina’s Privacy Policy, set forth in Part II of this document and available at www.nextgenlatina.com/privacy, which is incorporated into these Terms by reference. The Privacy Policy describes our practices regarding the collection, use, disclosure, and protection of your personal information, including specific disclosures required under the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”).

12. DISCLAIMERS OF WARRANTIES

THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEXTGENLATINA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NEXTGENLATINA DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) ANY HEALTH, BEAUTY, WELLNESS, NUTRITIONAL, OR FITNESS INFORMATION WILL BE ACCURATE, SAFE, OR SUITABLE FOR ANY PARTICULAR INDIVIDUAL; (D) ANY PRODUCT REVIEWS, RATINGS, OR RECOMMENDATIONS WILL BE UNBIASED OR COMPLETE; (E) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (F) THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXTGENLATINA, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR PARTNERS (COLLECTIVELY, THE “NEXTGENLATINA PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY NEXTGENLATINA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) ANY ADVERSE REACTION, INJURY, OR HARM ARISING FROM YOUR USE OF OR RELIANCE ON ANY HEALTH, BEAUTY, WELLNESS, NUTRITIONAL, FITNESS, OR OTHER LIFESTYLE INFORMATION PROVIDED THROUGH THE SERVICES; (E) ANY PRODUCT OR SERVICE PURCHASED THROUGH AFFILIATE LINKS OR THIRD-PARTY SERVICES; OR (F) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NEXTGENLATINA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100.00) OR (II) THE AMOUNTS PAID BY YOU TO NEXTGENLATINA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the NextGenLatina Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and costs) arising from: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your User Content, including any claim that your User Content caused damage to a third party; (e) any claim that your User Content infringes or misappropriates the Intellectual Property Rights or other rights of any third party; or (f) your use of any information obtained from the Services for health, beauty, wellness, or other personal decisions. This defense and indemnification obligation will survive the termination of these Terms and your use of the Services.

15. TERMINATION

15.1 Termination by You

You may terminate your Account and cease using the Services at any time. To terminate your Account, contact us at legal@nextgenlatina.com or follow the instructions in your Account settings.

15.2 Termination by NextGenLatina

NextGenLatina may, in its sole discretion, suspend, restrict, or terminate your access to the Services or your Account at any time, for any reason or no reason, with or without notice, including but not limited to: (a) breach of these Terms; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification of the Services; (d) unexpected technical or security issues; (e) extended periods of inactivity; or (f) engagement in fraudulent or illegal activities.

15.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5, 6.1, 12, 13, 14, 17, and 18.

16. ELECTRONIC COMMUNICATIONS; MOBILE APPLICATIONS

16.1 Electronic Communications

By using the Services or creating an Account, you consent to receiving electronic communications from NextGenLatina, including but not limited to emails, newsletters, push notifications, text messages, and in-app messages regarding your Account, the Services, promotions, and updates. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16.2 Mobile App License

If you download or use our mobile application, NextGenLatina grants you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on a device that you own or control, solely for your personal, non-commercial use, subject to these Terms.

16.3 App Store Terms

Your use of our mobile application is also subject to the usage rules set forth in the applicable app store terms of service (e.g., Apple App Store Terms of Service, Google Play Terms of Service). In the event of a conflict between these Terms and any applicable app store terms, the app store terms shall govern solely with respect to the use of the mobile application to the extent required by such app store terms.

16.4 Push Notifications

Our mobile applications may send push notifications to your device regarding new content, breaking stories, promotional offers, and editorial updates. You may disable push notifications through your device settings at any time.

17. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

17.1 Agreement to Arbitrate

You and NextGenLatina agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring individual claims in small claims court if they qualify. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration provision.

17.2 Arbitration Procedures

Arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, as modified by this Section 17. The arbitration shall be conducted by a single arbitrator with substantial experience in resolving commercial contract disputes. The arbitration shall take place in Los Angeles County, California, unless you and NextGenLatina agree otherwise or the arbitrator determines that such venue would be unreasonably burdensome.

17.3 Arbitration Fees

If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Rules. NextGenLatina will pay all other arbitration fees and costs. If the arbitrator finds the arbitration to be non-frivolous, NextGenLatina will pay all of the filing, administration, and arbitrator fees associated with the arbitration.

17.4 Class Action Waiver

YOU AND NEXTGENLATINA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Unless both you and NextGenLatina agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims.

17.5 Opt-Out

You may opt out of this arbitration provision by sending a written notice to legal@nextgenlatina.com within thirty (30) days of your first use of the Services.

17.6 Severability

If any part of this Section 17 is found to be unenforceable, the remainder shall continue to apply. If the class action waiver is found unenforceable as to a particular claim, that claim shall be severed and may proceed in a court of competent jurisdiction.

18. GOVERNING LAW AND JURISDICTION

These Terms and any Dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. To the extent that any Dispute is not subject to arbitration under Section 17, you and NextGenLatina agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and any Supplemental Terms, constitute the entire agreement between you and NextGenLatina with respect to the Services.

19.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

19.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition.

19.4 Assignment

You may not assign or transfer these Terms without the prior written consent of NextGenLatina. NextGenLatina may freely assign or transfer these Terms without restriction.

19.5 Force Majeure

NextGenLatina shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, epidemics, public health emergencies, riots, embargoes, fire, floods, earthquakes, accidents, strikes, labor disputes, shortages of transportation, failure of telecommunications or information systems infrastructure, hacking, or power failures.

19.6 Notices

All notices to NextGenLatina shall be sent to: NextGenLatina, LLC, Attn: Legal Department, legal@nextgenlatina.com.

19.7 No Third-Party Beneficiaries

These Terms are for the benefit of you and NextGenLatina only, except that the NextGenLatina Parties are intended third-party beneficiaries of the indemnification and limitation of liability provisions.

19.8 Survival

All provisions of these Terms that, by their nature, are intended to survive termination or expiration shall survive.

20. CONTACT INFORMATION

If you have any questions regarding these Terms, please contact us at:

NextGenLatina, LLC
Attn: Legal Department
Email: legal@nextgenlatina.com
Website: www.nextgenlatina.com