Terms of Use

Dos Tomatillos Website Terms of Use

Last Updated: June 25, 2019.

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

Welcome to the Dos Tomatillos Website. Please read these Terms of Use carefully before You ("You," "Your," or "User") register on or use the website provided by Vista Higher Learning, Inc. ("Vista Higher Learning") at www.dostomatillos.com(the "Site"). These Terms of Use incorporate the Privacy Policy available at www.dostomatillos.com/privacy-policy. By using or accessing the Site, You represent that You (or Your parent or legal guardian on Your behalf if You are a minor) have read, understood and agree to the Terms of Use in their entirety, including the Privacy Policy. If You, or in the case that You are a minor, Your parent(s) or legal guardian(s) do not agree with any part of the Terms of Use, including the Privacy Policy, then please donot use or access the Site. Vista Higher Learning does not knowingly offer services through the Site to anyone under the age of 13 years. If You are under 13 years of age, You should use the Site only with the consent or involvement of a parent or guardian. YOUR REGISTRATION ON, OR USE OF, THE SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE OR REGISTER FOR USE OF THE SITE. These terms and conditions apply to all users of the Site and associated services.

IMPORTANT NOTICE: These Terms of Use contain certain Disclaimers and Limitations on our Liability and a Binding Arbitration Clause andClass Action Waiver, which waives Your right to sue in court or seek a jury trial for disputes relating to Your use of the Site. Please read these sections carefully. If You do not agree to such terms, please do not use the Site.

Changes to these Terms of Use. Vista Higher Learning reserves the right, in its sole discretion, to modify these Terms of Use, in whole or in part, at anytime. Changes will be effective when notice of such change is posted to www.dostomatillos.com/terms-of-use. Your continued use of the Site after any changes are posted will be considered acceptance of those changes. By using the Site, You agree that You have reviewed, understand and accept these Terms of Use.

Use of the Site; Vista Higher Learning's Proprietary Rights. Except as otherwise provided by Vista Higher Learning, Vista Higher Learning gives You a personal, limited, non-exclusive, revocable license to access and use the Site), and the content of the Site (the "Site Content") solely for Your personal, non-commercial, and educational use. The Site Content, including, without limitation, text, images, video, graphics, selection, coordination, arrangement and enhancements of the elements of the Site Content, music and sound, is protected by copyright, trademark, and other laws. The Site Content and the copyrights thereto, as well as any trademarks in such Site Content, are the property of Vista Higher Learning and its suppliers and contributors. Further, Vista Higher Learning retains all right title and interest, including all intellectual property rights. Without limiting the foregoing, Vista Higher Learning may have a license for certain Site Content that is owned by third-party suppliers and contributors. The copyright on this third-party content may remain with the owners thereof. Unauthorized use of the Site Content is strictly prohibited. You may not copy, redistribute, alter, modify, publish, transmit, adapt, translate, prepare derivative works from, decompile, reverse engineer (except as expressly permitted by law), disassemble or in any way exploit the Site Content, or create or attempt to create a substitute or similar service or product through use of or access to the Site. You will not remove, obscure, or alter Vista Higher Learning's or its suppliers' and contributors' copyright notices, trade names, trademarks, service marks, logos, other distinctive brand features, or other proprietary rights notices affixed to or contained within the Site or any Site Content. Without Vista Higher Learning's express prior written permission, You will not frame any portion of the Site or any of the Site Content or link to the Site other than to complete pages hosted as part of the Site. You will not distribute any of the Site Content in electronic form without Vista Higher Learning's express prior written permission. You acknowledge that You do notacquire any ownership rights by downloading or modifying Site Content. We reserve the right, for any reason, to suspend or deny Your access to all or anyportion of the Site or use of Site Content, including Site Content that You have modified. Further, without limiting the foregoing, we reserve the right todeactivate or otherwise disable or suspend any Login Credentials (defined below) that we have reason to believe has been resold, licensed, assigned, shared or otherwise transferred or has been used by more than one person.

Site Modifications. Vista Higher Learning reserves the right at any time to modify, suspend or discontinue the Site or any part thereof and You agree that Vista Higher Learning shall not be liable to You or to any third party for any such modification, suspension, or discontinuance. Without limiting the foregoing, You acknowledge and agree that Vista Higher Learning may suspend, terminate or cancel Your access rights to the Site, or any part thereof, with or without notice, for any or no reason, without liability to You orany third party.

Product and Price Information. Product, price and related information on the Site is valid only for the dates and at the locations indicated. We strive to ensure that product and price information on the Site is up to date and accurate, but we cannot guarantee the accuracy of such information. We will address any inaccuracies as soon as we learn of them. In the rare case of a pricing error, You will be notified and charged the correct price. The inclusion of any products or services on the Site at a particular time does not guarantee availability, as inventory and product availability can vary.

Product information, packaging, and materials as depicted on the Site may vary from actual appearance. For information about a product, please read its actual label and/or product packaging and/or contact the manufacturer. We make reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

Book of the Month Subscription. Vista Higher Learning may offer a monthly book subscription service. Please review the Subscription Terms and Conditions at www.dostomatillos.com/subscription.

User-Submitted Content/Conduct. Portions of the Site may allow users to upload and/or post content. You shall not upload or post on the Site any content (including without limitation, text, images, video, graphics, music and sound) that You know to be false, misleading or inaccurate or that is libelous, defamatory, obscene, threatening, invasive of privacy, harmful to minors in any way, abusive, illegal or harassing, or contains expressions of hatred, bigotry, racism, ethnic prejudice, vulgarity, profanity or is sexually explicit, lewd, obscene or pornographic, or is otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or encourage or advocate any violent act or behavior or constitute a threat to personal or public safety, or that You do not have a right to make available under contractual or fiduciary relationship, or that is used to make commercial solicitations. Uploading or posting any such content may result in the immediate termination of Your access to the Site and, if appropriate, notification to law enforcement officials. If legal action is pursued, any and all information collected by Vista Higher Learning will be turned over to the appropriate law enforcement officials. This means that You, and not Vista Higher Learning, are entirely responsible for the content You transmit to the Site.

You shall not upload to, distribute through or otherwise publish through the Site any content that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality of the Site or disrupt any software, hardware, telecommunications, networks, servers or other equipment. Uploading, distributing or publishing such content may result in immediate termination of Your access to the Site and, if appropriate, notification to law enforcement officials. You agree not to interfere with any other user's right to privacy, including by harvesting and collecting personally-identifiable information or posting private information. Vista Higher Learning has no obligation to monitor or screen information or content posted or submitted by You or other users for use in connection with the Site, and content posted by users does not necessarily reflect the views of Vista Higher Learning. However, Vista Higher Learning shall have the right in Vista Higher Learning's sole discretion to remove or edit any information or content submitted to Vista Higher Learning or posted on the Site. You agree that Vista Higher Learning has no liability or responsibility for the storage, modification or deletion of any information or content that You or any other person uploads or posts.

Except as expressly provided in these Terms of Use or as expressly authorized in writing by You, You retain all rights, title and interest in and to content submitted to Vista Higher Learning through the Site. Notwithstanding the foregoing, by submitting content to Vista Higher Learning or the Site, You: (i) acknowledge and agree that all such content is non-confidential; and (ii) automatically grant to Vista Higher Learning a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, copy, reproduce, modify, adapt, publish, translate, perform, display, make derivative works of and distribute such content (in whole or in part) on the Site, any successor website or application, or other sites owned or operated by Vista Higher Learning. Vista Higher Learning may delete, archive, make unavailable, modify or comment on any content submitted by You. You permit Vista Higher Learning to publicly share Your content and/or to identify You with the content You have posted.

You shall not upload, post or otherwise make available on the Site any content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any content is not so protected rests with You. You shall be solely liable for any damage resulting from any claims of infringement of copyrights or other proprietary rights, any claims by third parties regarding Vista Higher Learning's exercise of the foregoing license and any other harm resulting from Your submission(s) or Vista Higher Learning's use or posting of such submission(s).

Prohibited Actions. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site, any Vista Higher Learning server, or any of the Site Content or services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any account not owned by You, to its source. You may not exploit the Site or any Site Content or services made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site. You agree that You will not take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Vista Higher Learning's systems or networks, or any systems or networks connected to the Site or to Vista Higher Learning. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person's use of the Site or with the accuracy and reliability of the Site Content. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Vista Higher Learning on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. Portions of the Site require You to create and use a username and password ("Login Credentials"). You may not access the Site by using Login Credentials of any other person without that person's permission. You acknowledge that Your failure to abide by these Terms of Use may subject You to civil and criminal liability.

General Practices Regarding Use. You acknowledge that we may establish general practices and limits concerning use of the Site. You agree to comply with all such practices and limits.

Your Representations, Warranties and Conduct. You represent and warrant that: (i) all of the information provided by You to Vista Higher Learning, including with respect to Login Credentials, is accurate; (ii) You have all necessary right, power, and authority to agree to these Terms of Use and to perform the acts required of You hereunder; (iii) You have read and agree to abide by these Terms of Use and the Vista Higher Learning Privacy Policy; and (iv) You will not use the Site for any unlawful purpose or in violation of any law or these Terms of Use or for any purpose not expressly permitted in these Terms of Use.

Login Credential Protection. You are responsible for controlling the use and maintaining the confidentiality of all Login Credentials and other passwords associated with the Site in accordance with these Terms of Use, and are fully responsible for all activities that occur using Your Login Credentials. You agree to immediately notify Vista Higher Learning of any unauthorized use of Your Login Credentials or any other breach of security of which You become aware.

Contests. Vista Higher Learning may conduct contests from time to time. You agree that if You participate in any contest, You will abide by all the rules and be subject to all terms and conditions of such contest, in addition to these Terms of Use.

Indemnity. You agree to indemnify, defend (at Vista Higher Learning's option) and hold Vista Higher Learning and its affiliates, officers, directors, representatives, agents, partners, employees and third party content suppliers and contributors (collectively, "Indemnified Person(s)") harmless from and against any and all claims, liabilities, losses, and expenses (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person, arising out of or related to Your content and materials, Your use of the Site other than as expressly permitted under these Terms of Use, Your violation of these Terms of Use or Your violation of any third party's rights including such party's copyrights and trademarks. Any such indemnification shall be conditioned on the Indemnified Party: (a) notifying You in writing of any such claim, liability, loss, expense or threat thereof; (b) cooperating with You in the defense or settlement thereof; and (c) allowing You to control such defense or settlement. The Indemnified Party shall be entitled to participate in such defense at its own cost and expense.

Disclaimer of Warranties. The Site and related applications, materials and services are provided to You "AS IS" without warranty of any kind. VISTA HIGHER LEARNING HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES PERTAINING TO NONINFRINGEMENT, AVAILABILITY OF THE SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION OR SITE CONTENT.

Assumption of Risks. Use of the Site is at Your sole risk. You assume all risks that the Site, applications, and related information are suitable for Your needs. Use of any applications obtained through the Site is at Your own discretion and risk and You are solely responsible for any damage to Your computer or loss of data. You agree that neither Vista Higher Learning nor any Indemnified Person shall be responsible for any loss or damage of any sort relating to Your use of the Site.

Disclaimer of Damages; Limitation of Liability. YOU AGREE THAT NEITHER VISTA HIGHER LEARNING NOR ANY OTHER INDEMNIFIED PERSON WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF SITE CONTENT OR OTHER INFORMATION PROVIDED OR YOUR PROVISION OF INFORMATION TO THE SITE, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE INDEMNIFIED PERSONS' NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS' FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW. The foregoing Indemnity, Disclaimer of Warranties, Assumption of Risk and Disclaimer of Damages/Limitation of Liability provisions shall apply to the fullest extent permitted by law.

Links to Third Party Websites. Vista Higher Learning may, as a convenience, provide links to third party websites. The inclusion of the link does not imply that Vista Higher Learning endorses or has any control over those third party sites. Vista Higher Learning is not responsible for any content on any such linked site. If You access a third party site from the Site, You do so at Your own risk.

Copyright Agent. If You believe that Your copyrighted work is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to the Copyright Agent identified below: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vista Higher Learning to locate the material; (iv) information reasonably sufficient to permit Vista Higher Learning to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has 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; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries or claims, please contact: [email protected]

Arbitration

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by using the Site, You agree that if a dispute arises between You and one or more of the Indemnified Parties relating in any way to the Site or Your use thereof, including common law or statutory claims, BOTH YOU AND THE INDEMNIFIED PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE INDEMNIFIED PARTIES MUST BE ARBITRATED IN BOSTON, MASSACHUSETTS. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE INDEMNIFIED PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and You or the Indemnified Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any such suit shall be adjudicated by a state or federal court located in Boston, Massachusetts, and You hereby consent to jurisdiction in such courts for such suits.

RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.

Governing Law. These Terms of Use shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to conflicts of law rules.

Entire Agreement; Binding Effect. These Terms of Use constitute the entire agreement between You and Vista Higher Learning relating to the subject matter hereof and supersede all prior oral and written understandings. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns.

Waiver. No waiver of any provision of these Terms of Use or any breach hereunder shall be deemed a waiver of any other provision or subsequent breach, nor shall any such waiver constitute a continuing waiver.

Severability. If any part of these Terms of Use, or the application thereof to any person or circumstance, is for any reason held invalid or unenforceable, it shall be deemed severable and the validity of the remainder of these Terms of Use or the applications of such provision to other persons or circumstances shall not be affected thereby.

Violations. Please report any violations of these Terms of Use to Vista Higher Learning at [email protected].

All rights not expressly granted herein are fully reserved.

Last Modified March 15, 2018