Terms and conditions

Los Altos Food Products, LLC, Coralin, LLC, and the Los Altos entities identified in the applicable campaign materials (collectively, “Los Altos”) support breast cancer awareness through the The Mexican Touch campaign (the “Campaign”). Los Altos’s role is limited to supporting awareness and making information available concerning screening opportunities offered by independent third-party healthcare providers, including Alinea Medical Imaging, Assured Imaging, and Nevada Health Centers (each, a “Service Provider”). Los Altos does not provide or control medical care, medical advice, diagnosis, treatment, imaging, interpretation of results, patient follow-up, healthcare referrals, eligibility determinations, billing, or healthcare administration. All such services are provided solely by the applicable Service Provider and its licensed personnel.

Questions about the Campaign generally may be directed to info@losaltosfoods.com. Do not send medical records, imaging results, symptoms, health histories, insurance information, or other sensitive health information to Los Altos. Questions concerning eligibility, appointments, medical services, results, records, billing, privacy, or follow-up care must be directed to the applicable Service Provider.

1. LOS ALTOS’S LIMITED ROLE

Los Altos is not a healthcare provider or imaging company. Los Altos does not practice medicine, make clinical decisions, credential or supervise provider personnel, operate imaging facilities or equipment, determine whether a participant should receive services, or guarantee the availability, quality, safety, legality, accuracy, timeliness, or outcome of any service. A participant’s decision to obtain services is voluntary and must be made in consultation with the participant’s healthcare professional and the applicable Service Provider.

2. INDEPENDENT SERVICE PROVIDERS; NO AGENCY

Each Service Provider is an independent contractor and is not an employee, agent, representative, partner, joint venturer, franchisee, or legal affiliate of Los Altos. No Service Provider has authority to bind Los Altos or make any representation, warranty, or commitment on Los Altos’s behalf. Los Altos does not control the professional judgment, clinical decisions, staffing, scheduling, facilities, equipment, records, privacy practices, billing, or operations of a Service Provider. Reference to or promotion of a Service Provider does not constitute a medical referral, certification, endorsement, warranty, or guarantee by Los Altos.

3. CAMPAIGN INFORMATION; NO MEDICAL ADVICE

Campaign websites, advertisements, social media, brochures, event materials, links, and communications are provided only for general informational and educational purposes. They are not medical advice, diagnosis, treatment advice, a substitute for professional medical judgment, or a representation that any screening is appropriate for a particular individual. Participants should consult a qualified healthcare professional about their individual circumstances, symptoms, screening options, risks, results, and follow-up care.

4. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

Medical screening and related services may involve risks, including inaccurate, incomplete, false-positive, or false-negative results; delayed or missed diagnosis; the need for additional testing; procedure-related complications; scheduling or equipment issues; and privacy or security incidents. By electing to receive services, each participant acknowledges and assumes the risks associated with the Service Provider’s services and agrees that all medical questions, informed-consent issues, and decisions regarding care must be addressed with the Service Provider. Los Altos does not assume responsibility for any act, omission, professional judgment, service, result, communication, facility, equipment, vehicle, employee, contractor, or privacy practice of a Service Provider.

5. RELEASE; DISCLAIMER; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTICIPANT RELEASES LOS ALTOS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “LOS ALTOS PARTIES”) FROM CLAIMS ARISING OUT OF OR RELATING TO A SERVICE PROVIDER’S SERVICES, INCLUDING ELIGIBILITY, SCHEDULING, SCREENING, MEDICAL JUDGMENT, DIAGNOSIS, RESULTS, FOLLOW-UP, BILLING, RECORDS, PRIVACY, OR SECURITY. THIS RELEASE INCLUDES CLAIMS ALLEGING ORDINARY NEGLIGENCE BY A LOS ALTOS PARTY TO THE EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED. IT DOES NOT RELEASE A CLAIM THAT CANNOT LAWFULLY BE WAIVED, INCLUDING A CLAIM BASED ON A LOS ALTOS PARTY’S GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR OTHER NONWAIVABLE LIABILITY.

6. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CAMPAIGN, CAMPAIGN INFORMATION, WEBSITES, LINKS, AND SCREENING OPPORTUNITIES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE LOS ALTOS PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, NON-INFRINGEMENT, AND RESULTS. LOS ALTOS DOES NOT WARRANT THAT ANY SERVICE PROVIDER WILL ACCEPT A PARTICIPANT, PROVIDE A PARTICULAR SERVICE, DETERMINE THAT A PARTICIPANT IS ELIGIBLE, OR PRODUCE ANY PARTICULAR MEDICAL OR OTHER OUTCOME.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO LOS ALTOS PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST DATA, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE CAMPAIGN, CAMPAIGN INFORMATION, A SERVICE PROVIDER, OR ANY RELATED SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The exclusions and limitations in these Terms apply only to the extent permitted by applicable law. If applicable law does not allow a particular exclusion or limitation, that exclusion or limitation will apply to the maximum extent permitted.

7. HEALTH INFORMATION AND PRIVACY

Los Altos does not request or maintain patient medical records in connection with services provided by Service Providers. A Service Provider is solely responsible for its notices of privacy practices, consents, authorizations, medical records, communications, information security, and compliance with privacy and breach-notification laws applicable to that provider. If a participant voluntarily provides personal information to Los Altos, Los Altos may use it to administer the Campaign and respond to the request, subject to any privacy notice presented when the information is collected.

8. EVERY WOMAN COUNTS PROGRAM

Eligibility for Every Woman Counts (“EWC”) services is determined solely by an authorized EWC provider under then-current program requirements. Los Altos does not determine, verify, administer, interpret, or guarantee eligibility, coverage, payment, or availability. Program requirements and services may change. Participants should consult the applicable authorized provider and the official California Department of Health Care Services EWC resources for current information.

9. THIRD-PARTY WEBSITES AND SERVICES

Campaign materials may link to websites or services operated by third parties. Links are provided only for convenience and information. Los Altos does not own, operate, control, monitor, or assume responsibility for third-party content, availability, accessibility, security, privacy practices, terms, products, services, or statements. Access to a third-party website or service is at the participant’s own risk and is subject to that third party’s terms and privacy practices.

10. INTELLECTUAL PROPERTY

The Campaign materials may contain names, trademarks, service marks, logos, graphics, photographs, and other content owned by Los Altos, its affiliates, Service Providers, or other third parties. No right or license to use any trademark, service mark, logo, or other protected content is granted except for personal, noncommercial use of Campaign information as expressly permitted by Los Altos. All other use requires the prior written permission of the applicable owner.

11. PARTICIPANT RESPONSIBILITIES AND INDEMNIFICATION

Each participant is responsible for providing accurate information to the applicable Service Provider, following the Service Provider’s instructions, obtaining appropriate follow-up care, and complying with applicable laws. To the extent permitted by law, each participant agrees to indemnify, defend, and hold harmless the Los Altos Parties from third-party claims arising from the participant’s misuse of Campaign websites or materials, violation of these Terms, unlawful conduct, or infringement of another person’s rights. This obligation does not apply to the extent a claim results from liability that cannot lawfully be shifted to the participant.

12. GOVERNING LAW; VENUE

To the extent permitted by applicable law, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to any nonwaivable right to bring a claim elsewhere, any action between a participant and Los Altos arising from these Terms must be brought in a state or federal court located in Los Angeles County, California, and the participant consents to personal jurisdiction and venue there.

13. CHANGES; SUSPENSION; TERMINATION

Los Altos may revise these Terms by posting an updated version with a new effective date. Los Altos may modify, suspend, discontinue, or cancel any Campaign activity, information, feature, or screening opportunity at any time, with or without notice, subject to applicable law. No participant has a vested right to any appointment, service, benefit, payment, or continued availability.

14. SEVERABILITY; NO WAIVER; ASSIGNMENT

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. A failure by Los Altos to enforce any provision is not a waiver. A participant may not assign rights or obligations under these Terms without Los Altos’s prior written consent. Los Altos may assign these Terms to an affiliate or successor.

15. ENTIRE TERMS; ORDER OF PRECEDENCE

These Terms constitute the agreement between a participant and Los Altos concerning the participant’s use of Campaign websites and materials and Los Altos’s limited Campaign role. They do not replace any consent, privacy notice, financial policy, or other agreement between a participant and a Service Provider. If Campaign promotional material conflicts with these Terms concerning Los Altos’s role or liability, these Terms control.

16. ACCEPTANCE

By accessing or using a Campaign website, registering through a Los Altos-controlled Campaign page, or affirmatively accepting these Terms, the participant acknowledges having read and agreed to these Terms. Mere receipt of medical services from a Service Provider, without notice of and assent to these Terms, does not independently establish acceptance. Los Altos should present these Terms through a conspicuous link and affirmative checkbox where registration is conducted on a Los Altos-controlled platform.

17. CONTACT

Campaign questions may be sent to info@losaltosfoods.com. Medical, eligibility, appointment, billing, records, privacy, results, and follow-up questions must be directed to the applicable Service Provider. Current Terms are available at themexicantouch.us/terms-and-conditions/.