Terms of service

ORIGEN ELIGE EL TUYO LLC

TERMS OF SERVICE

The following are terms of a legal agreement between you and Origen Elige El Tuyo LLC

(“Origen”, “we,” “us,” or “our”). By accessing, browsing and/or using this website, https://shop-

origen.com/ it's related web pages, interactive features and applications, and their respective

contents, or any other website, forum, blog, or community feature linking to these terms, whether

accessed via computer, mobile device or other technology (collectively, the “Web Site”), you

acknowledge that you have read, understood, and agree, to be bound by these “Terms of Service”

and comply with all applicable laws and regulations, including export and re-export control laws

and regulations. If you do not agree to all these terms, we are unwilling to grant you access to the

Web Site, and you must immediately cease use of the Web Site.

PLEASE READ CAREFULLY THESE TERMS (AND THEIR INCLUDED LINKED

INFORMATION, SUCH AS OUR PRIVACY STATEMENT WHICH IS HEREBY

INCORPORATED BY REFERENCE). BY ACCESSING, BROWSING OR USING THE

WEBSITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ

THESE TERMS AND THE PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT

AND AGREE TO BE BOUND BY THEM, (iv) ARE ABLE TO FORM LEGALLY

BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND

REGULATIONS APPLICABLE TO YOU, TO THE USE OF THE WEB SITE, AND/OR

THE INTERNET. IF YOU ARE USING THE WEB SITE ON BEHALF OF AN ENTITY,

YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND

THAT ENTITY TO THESE TERMS OF SERVICE.

In addition, certain portions of the Web Site may be subject to additional terms of service that we

make available for your review or otherwise link to that portion of the Web Site to which such

additional terms apply. By using such portions, or any part thereof, you agree to be bound by the

additional terms of service applicable to such portions. In the event that any of the additional terms

of service governing such portion conflict with these terms, the additional terms will control. These

vendors, customers, merchants, and/ or contributors of content.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that

allows us to sell products and Services to you.

1. ELIGIBILITY TO USE THE SITE: The Web Site may be accessed and used only by

individuals who can form legally binding contracts under applicable laws, who are at least 18 years

of age or the age of majority in their state or territory of residence (if higher than 18), and who are

not barred from using the Web Site under applicable laws.You may not use the products we sell for any illegal or unauthorized purpose nor may you, in the

use of the Service, violate any laws in your jurisdiction (including but not limited to copyright

laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS: We reserve the right to refuse Service to anyone for any reason

at any time. You understand that your content (not including credit card information), may be

transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to

conform and adapt to technical requirements of connecting networks or devices. Credit card

information is always encrypted during transfer over networks. You agree not to, and represent

and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the

Web Site, or across to the Web Site for any purposes other than for your internal business purposes,

or do any of the following:

(a) Conduct or promote any illegal activities while using the Web Site or submit false or

misleading information

(b) Attempt to reverse engineer or jeopardize the correct functioning of the Web Site, or

otherwise attempt to derive the source code of the software (including the tools, methods,

processes, and infrastructure) that enables or underlies the Web Site.

access rights, or circumvent the user authentication or security of the Web Site or any host,

network or account related thereto.

(d) Create derivative works of the Web Site

(e) Upload or transmit any form of virus, worm, Trojan horse, or other malicious code.

(f) Use the Web Site to generate unsolicited email advertisements or spam; allow, enable,

or otherwise support the transmission of mass unsolicited, commercial advertising or

solicitations via e-mail (spam).

(g) Use the Web Site to stalk, harass, harm, abuse, insult, defame, slander, disparage,

intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race,

age, national origin, or disability.(h) Use any high volume automatic, electronic, or manual process to access, search or

harvest information from the Web Site (including without limitation robots, spiders, or

scripts)

(i) Interfere in any way with the proper functioning of the Web Site or interfere with or

disrupt any servers or networks connected to the Web Site, or disobey any requirements,

procedures, policies or regulations of networks connected to the Web Site

(j) Impersonate any person or entity, or otherwise misrepresent your affiliation with a

person or entity.

(k) Frame the Web Site, place pop-up windows over it's pages, or otherwise affect the

display of its pages.

(l) Interfere with or disrupt the integrity or performance of the Web Site or the data

contained therein.

(m) Remove any proprietary notices or labels within the Web Site

(n) to violate any international, federal, provincial or state regulations, rules, laws, or local

ordinances.

(o) To collect or track the personal information of others.

3. OWNERSHIP: You understand and acknowledge that the software, code, proprietary methods

and systems used to provide the Web Site (“Our Technology”) are

(a) Copyrighted by us and/or our licensors under the United States and international

(b) Subject to other intellectual property and proprietary rights and laws; and

Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold,

offered for sale, or redistributed in any way without our prior written permission and the prior

written permission of our applicable licensors. You must abide by all copyright notices,

information, or restrictions contained in or attach to any of Our Technology. Nothing in these

Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtainaccess to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed

to grant you, by implication, estoppel or otherwise, a license to Our Technology.

Certain names, logos, and other materials displayed via the Web Site (such as “Origen Elige El

Tuyo” Word Mark and Logo) constitute trademarks, tradenames, service marks or logos (“Marks”)

of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks

and the goodwill associated therewith remains with us or those other entities. Any use of third-

party software provided in connection with the Web Site will be governed by such third parties’

licenses and not by these Terms of Service. The Web Site may contain other proprietary notices

and copyright information, the terms of which must be observed and followed.

We are not responsible if information made available on this site is not accurate, complete or

current. The material on this site is provided for general information only and should not be relied

upon or used as the sole basis for making decisions without consulting primary, more accurate,

more complete or more timely sources of information. Any reliance on the material on this site is

at your own risk. This site may contain certain historical information. Historical information,

necessarily, is not current and is provided for your reference only. We reserve the right to modify

the contents of this site at any time, but we have no obligation to update any information on our

site. You agree that it is your responsibility to monitor changes to our site.

4. MODIFICATIONS TO THE SERVICE AND PRICES: We reserve the right to modify or

discontinue the Web Site, in whole or in part, with or without notice to you. Information may be

changed or updated without notice. Origen may also make improvements and/or changes in the

products and/or the programs described in this information at any time without notice. Prices for

the products we sell are subject to change without notice. We shall not be liable to you or to any

third-party for any modification, price change, suspension or discontinuance of the Service. If you

object to any such changes, your sole recourse will be to cease access to the Web Site. Continued

access to the Web Site following notice of any such changes will indicate your acknowledgement

of such changes and satisfaction with the Web Site as so modified.

- FEEDBACK AND COMMENTS: There may be instances where we solicit your suggestions,

ideas, innovations, feedback or opinion regarding various areas of our business, the Web Site, or

our products or services (“Feedback”). If you choose to send us your Feedback (as we hope you

do), please understand that in order for Origen to accept your input, you must agree that Origen

has your permission on an unrestricted basis to use, disclose, and exploit any such Feedback you

provide and that Origen has no obligation to compensate or acknowledge you in any way or keep

your Feedback confidential. By sending any Feedback to Origen you are indicating your agreement

to these terms. If you do not agree with these terms, please do not submit any Feedback.If, at our request, you send certain specific submissions (for example contest entries) or without a

request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether

online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may,

at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any

medium any comments that you forward to us. We are and shall be under no obligation:

(1) to maintain any comments in confidence;

(2) to pay compensation for any comments; or

(3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole

discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or

otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright,

trademark, privacy, personality or other personal or proprietary right. You further agree that your

comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain

any computer virus or other malware that could in any way affect the operation of the Service or

any related website. You may not use a false e-mail address, pretend to be someone other than

yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely

responsible for any comments you make and their accuracy. We take no responsibility and assume

no liability for any comments posted by you or any third-party.

6.- USER SUBMISSIONS: Origen does not accept and will not consider unsolicited submissions

of ideas, creative materials, processes, comments, feedback or technology (each an “Unsolicited

Submission”). Please note that any Unsolicited Submissions sent to Origen will be deemed NOT

to be confidential. By sending Origen any Unsolicited Submissions, you grant Origen an

unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, fully sublicensable,

fully transferable, worldwide license to use, reproduce, display, perform, modify, transmit and

distribute those Unsolicited Submissions for any purpose whatsoever, including any ideas,

concepts, know-how or techniques which may be included or disclosed therein. You hereby

acknowledge that you grant Origen such rights in consideration of the right to access and utilize

this Web Site and that Origen has no obligation to further compensate you or acknowledge your

submission.

Origen will not release your name or otherwise publicize the fact that you submitted materials or

other information to us unless:

(a) We obtain your permission to use your name; or(b) We first notify you that the materials or other information you submit to a

particular part of this Web Site will be published or otherwise used with your

name on it; or

You represent and warrant that you will not post or share any content through the Web Site that in

any manner:

(a) Infringes the copyright, trademark, trade secret, or other intellectual property or

proprietary right of others;

(b) Violates the privacy, publicity, or other rights of third parties; or

determined by use in our sole discretion; or is false or inaccurate.

We may, but are not obligated to, delete or suspend user accounts and/or remove content if we

determine or suspect that those accounts or content violate the terms of these Terms of Service.

When you post or share any content to the Web Site regarding a third party, you represent and

warrant to us that you have the third party’s consent to do so.

7. PRODUCTS OR SERVICES (if applicable): Certain products or Services may be available

exclusively online through the website. These products or Services may have limited quantities

and are subject to return or exchange only according to our Terms of Sale & Refund Policy.

We have made every effort to display as accurately as possible the colors and images of the

products that appear at the store. We cannot guarantee that your computer monitor's display of any

color will be accurate.

We reserve the right, but are not obligated, to limit the sales of products or Services to any person,

geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve

the right to limit the quantities of any products or Services that we offer. All descriptions of

products or product pricing are subject to change at anytime without notice, at the sole discretion

of us. We reserve the right to discontinue any product at any time. Any offer for any product or

Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material

purchased or obtained by you will meet your expectations, or that any errors in the Service will be

corrected.

8. ACCURACY OF BILLING AND ACCOUNT INFORMATION: We reserve the right to

refuse any order you place with us. We may, in our sole discretion, limit or cancel quantitiespurchased per person, per household or per order. These restrictions may include orders placed by

or under the same customer account, the same credit card, and/or orders that use the same billing

and/or shipping address. In the event that we make a change to or cancel an order, we may attempt

to notify you by contacting the e-mail and/or billing address/phone number provided at the time

the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment,

appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all

purchases made at our store. You agree to promptly update your account and other information,

including your email address and credit card numbers and expiration dates, so that we can complete

your transactions and contact you as needed.

For more details, please review our Terms of Sale & Refund Policy.

9. OPTIONAL TOOLS: We may provide you with access to third-party tools over which we

neither monitor nor have any control nor input. You acknowledge and agree that we provide access

to such tools “AS IS” and “as available” without any warranties, representations or conditions of

any kind and without any endorsement. We shall have no liability whatsoever arising from or

relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and

discretion and you should ensure that you are familiar with and approve of the terms on which

tools are provided by the relevant third-party provider(s). We may also, in the future, offer new

Services and/or features through the website (including the release of new tools and resources).

Such new features and/or Services shall also be subject to these Terms of Service.

10. THIRD-PARTY LINKS: Content from other users and third parties may be made available

to you through the Web Site (“Third Party Content”). Because we do not control Third Party

Content, you agree that we are not responsible for any such content. We make no guarantees about

the accuracy, currency, suitability quality of the information in such Third Party Content, and we

assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Third

Party Content made available by other users or third parties, or violation of any third party rights

related to such content.

Links on the Origen Web Site to third party web sites are provided solely as a convenience to you,

and if you use these links, you will leave Origen’s Web Site. Origen makes no representations

whatsoever about any other web site which you may access through this one. When you access a

non-Origen web site, even one that may contain the Origen logo, please understand that it is

independent from Origen, and that Origen has no control over the content on that web site. In

addition, a link to a non-Origen web site does not mean that Origen endorses or accepts anyresponsibility for the content, or the use, of such web site. It is up to you to take precautions to

ensure that whatever you select for you use is free of such items as viruses, worms, Trojan horses

and other items of a destructive nature.

11. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy,

which can be viewed here: [____Link To Privacy Policy____].

12.- GLOBAL AVAILABILITY: Information Origen publishes on the World Wide Web may

contain references or cross references to Origen products, programs and services that are not

announced or available in your country. Such references do not imply that Origen intends to

announce such products, programs or services in your country. Consult your local Origen business

contact for information regarding products, programs and services which may be available to you.

Origen’s obligation with respect to its products and services are governed solely by the agreements

under which they are provided. If you obtain a product or service from Origen off this web site

that is provided without an agreement, that product or service is provided “AS-IS” with no

warranties whatsoever, express or implied, and your use of that product or service is at your own

risk.

12. ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information

on our site or in the Service that contains typographical errors, inaccuracies or omissions that may

relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times

and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to

change or update information or cancel orders if any information in the Service or on any related

website is inaccurate at any time without prior notice (including after you have submitted your

order).

We undertake no obligation to update, amend or clarify information in the Service or on any related

website, including without limitation, pricing information, except as required by law. No specified

update or refresh date applied in the Service or on any related website, should be taken to indicate

that all information in the Service or on any related website has been modified or updated.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: We do not

guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure

or error-free. We do not warrant that the results that may be obtained from the use of the Service

will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or

cancel the Service at any time, without notice to you.You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service

and all products and Services delivered to you through the Service are (except as expressly stated

by us) provided 'as is' and 'as available' for your use, without any representation, warranties or

conditions of any kind, either express or implied, including all implied warranties or conditions of

merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-

infringement.

In no case shall Origen, our directors, officers, employees, affiliates, agents, contractors, interns,

suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect,

incidental, punitive, special, or consequential damages of any kind, including, without limitation

lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages,

whether based in contract, tort (including negligence), strict liability or otherwise, arising from

your use of any of the Service or any products procured using the Service, or for any other claim

related in any way to your use of the Service or any product, including, but not limited to, any

errors or omissions in any content, or any loss or damage of any kind incurred as a result of the

use of the Service or any content (or product) posted, transmitted, or otherwise made available via

the Service, even if advised of their possibility. Because some states or jurisdictions do not allow

the exclusion or the limitation of liability for consequential or incidental damages, in such states

or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. INDEMNIFICATION: You agree to indemnify, defend and hold harmless Origen and our

parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service

providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand,

including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach

of these Terms of Service or the documents they incorporate by reference, or your violation of any

law or the rights of a third-party. This provision shall survive the termination of this Agreement

and remain in full force and effect.

15.

- DURATION OF ACCESS: you agree that we, in our sole discretion, may immediately

terminate your access to the Web Site at any time, for any reason. You agree that we will not be

liable to you or any other party for any termination of your access to the Web Site.

16. TAXES: Transactions conducted through our service may be subject to taxes in your

jurisdiction. In the event Origen collects taxes as legally obligated, Origen will remit such taxes to

applicable taxing authorities. The listed prices for items may not include taxes, but the taxes will

be displayed before a buyer confirms the purchase. Taxes may be estimated based on offers made

on items but remain subject to change if the final sale price differs from the original offer. Taxes

are based on several factors, including price, location, and state, local, federal, or other applicable

rates at time of purchase. Although we may assess estimated taxes upon purchase or sale, you willbe ultimately responsible for the verification and reporting of any and all applicable taxes to the

appropriate tax authorities, including instances where Origen does not collect taxes on your behalf.

17. ELECTRONIC COMMUNICATIONS: The communications between you and us use

electronic means, whether through the Web Site or via email. For contractual purposes, you

(a) consent to receive communications from us in an electronic form; and

(b) agree that all terms of service, agreements, notices, disclosures, and other

communications that we provide to you electronically satisfy any legal requirement

that such communications would satisfy if it were in writing.

18.

- MOBILE DEVICES: If permitted or available through any feature of the Web Site, and you

access the Web Site using text messaging or a mobile device or application, you are responsible

for any and all service fees associated with any such mobile access, including all applicable data

fees, and for complying with all terms of use imposed by the carrier

19. SEVERABILITY: In the event that any provision of these Terms of Service is determined to

be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest

extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed

from these Terms of Service, such determination shall not affect the validity and enforceability of

any other remaining provisions.

20. HEADINGS AND INTERPRETATION: The headings and sub-heading in this Terms of

Service are included for reference purposes only and will not affect the meaning or interpretation

of the Terms of Service in any way. The words “include,” “includes,” or “including” will be

deemed to be follow by “without limitation.” The Terms of Service will be construed without

regard to any presumption or rule requiring construction or interpretation against the drafting party.

21. TERMS SPECIFIC TO YOUR GEOGRAPHIC LOCATION: If you are a user in

California, then certain provisions apply with regard to applicable laws.

Notwithstanding anything to the contrary in the agreement, the following takes precedence with

respect to users in California.

California Civil Code

Under California Civil Code Section 1789.3, users from California are entitled to the following

consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of

the California Department of Consumer Affairs may be contact in writing at 1625 North Market

Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.22.

-TERMINATION: The obligations and liabilities of the parties incurred prior to the

termination date shall survive the termination of this agreement for all purposes. These Terms of

Service are effective unless and until terminated by either you or us. You may terminate these

you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to

comply with any term or provision of these Terms of Service, we also may terminate this

agreement at any time without notice and you will remain liable for all amounts due up to and

including the date of termination; and/or accordingly may deny you access to our Services (or any

part thereof).

23.

- DISPUTES:

For residents outside the EU and UK.

THIS SECTION SETS FORTH THE TERMS OF SERVICE PURSUANT TO WHICH

DISPUTES BETWEEN YOU AND ORIGEN WILL BE RESOLVED THROUGH

INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ

THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ORIGEN TO

ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK

RELIEF FROM EACH OTHER.

With respect to any dispute, claim, or controversy arising out of or related to your access of the

Web Site, any products sold or distributed through the Web Site, all rights and obligations and all

actions contemplated by these Terms of Service shall be governed by the laws of Florida, as if the

ANY DISPUTE AIRISNG OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS OR

USE OF THE WEB SITE, ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE WEB

SITE, THESE TERMS OF SERVICE, OR THE RELATIONSHIP BETWEEN THE PARTIES

(OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF

ORIGEN OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS

OR CLAIMS IN EQUITY) SHALL BE RESOLVED BY CONFIDENTIAL ARBITRATION BY

VIDEO CONFERENCE OR, AT THE ARBITRATOR’S DISCRETION, BY IN PERSON

HEARING IN THE COUNTY WHERE YOU RESIDE (UNLESS THE BATCH ARBITRATION

PROCESS APPLIES) AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION

AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR WILL

DECIDE YOUR CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR

HAVE A JUDGE OR JURY DECIDE THE CLAIM. YOUR RIGHTS TO PREHEARINGEXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN

ARBITRATION.

It is further agreed that any dispute over the scope of this arbitration provision and any dispute as

to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the

foregoing, to the extent you have in any manner violated or threatened to violate our intellectual

property rights or intellectual property rights of our affiliates, partners or licensors or otherwise

have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of

competent jurisdiction, and you consent to jurisdiction and venue in any such court for such

process.

Arbitration under this agreement shall be conducted by a sole arbitrator under the American

Arbitration Association’s Consumer-Related Disputes Supplementary Rules in effect when the

arbitration in commenced, except as they may be modified herein.

A party who wishes to initiate arbitration must provide the other party with a demand for arbitration

(the “Demand”). The Demand must include:

(1) the name, telephone number, mailing address, e‐mail address of the party

seeking arbitration and the account username (if applicable), as well as the

email address associated with any applicable account;

(2) a statement of the legal claims being asserted and the factual bases of those

claims;

(3) a description of the remedy sought and an accurate, good‐faith calculation of

the amount in controversy in United States Dollars; and

(4) evidence that the requesting party has paid any necessary filing fees in

connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Demand shall also include

counsel’s name, telephone number, mailing address, and email address. Such counsel must also

sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge,

information, and belief, formed after an inquiry reasonable under the circumstances, that:

(1) the Demand is not being presented for any improper purpose, such as to harass,

cause unnecessary delay, or needlessly increase the cost of dispute resolution;

(2) the claims, defenses and other legal contentions are warranted by existing law

or by a nonfrivolous argument for extending, modifying, or reversing existing

law or for establishing new law; and(3) the factual and damages contentions have evidentiary support or, if specifically

so identified, will likely have evidentiary support after a reasonable opportunity for

further investigation or discovery.

Subject to the Batch Arbitration process described below, you agree that any arbitration or

proceeding shall be limited to the dispute between us and you individually, and

(i) no arbitration or proceeding shall be joined with any other;

(ii) there is no right or authority for any dispute to be arbitrated or resolved on a class

action-basis or to utilize class action procedures;

(iii) the parties waive and there is no right or authority for any dispute to be brought in

a purported collective, representative capacity on behalf of the general public or

any other persons, or mass action basis; and

(iv) only individual relief is available. YOU AGREE THAT YOU MAY BRING

CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT

AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS

OR REPRESENTATIVE PROCEEDING.

To increase the efficiency of administration and resolution of arbitrations, you and Origen agree

that in the event that there are one hundred (100) or more individual Demands of a substantially

similar nature filed against Origen by or with the assistance of the same law firm, group of law

firms, or organizations, within a sixty (60) day period (or as soon as possible thereafter), the AAA

shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the

extent there are less than 100 Requests left over after the batching described above, a final batch

consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide

for the resolution of each batch as a single consolidated arbitration with one set of filing and

administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place

to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate

to the same event or factual scenario and raise the same or similar legal issues and seek the same

or similar relief. To the extent the parties disagree on the application of the Batch Arbitration

process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing

arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”).

In an effort to expedite resolution of any such dispute by the Procedural Arbitrator, the parties

agree the Procedural Arbitrator may set forth such procedures as are necessary to resolve any

disputes promptly. The Procedural Arbitrator’s fees shall be paid by Origen if the party seeking

the appointment of the Procedural Arbitrator is Origen. The Procedural Arbitrator’s fees shall be

shared equally by you and Origen if you are the party seeking the appointment of the Procedural

Arbitrator.You and Origen agree to cooperate in good faith with the AAA to implement the Batch Arbitration

process including the payment of single filing and administrative fees for batches of Requests, as

well as any steps to minimize the time and costs of arbitration. which may include: (1) the

appointment of a discovery special master to assist the arbitrator in the resolution of discovery

disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch

Arbitration process shall in no way be interpreted as authorizing a class, collective and/or mass

arbitration or action of any kind, or arbitration involving joint or consolidated claims under any

circumstances, except as expressly set forth in this provision. The arbitrator's award shall be

binding and may be entered as a judgment in any court of competent jurisdiction.

Changes to this arbitration agreement shall not apply to any claim that was filed in a legal

proceeding against us or you prior to the effective date of the modification. You may opt out of

any such changes within thirty (30) days after an update has taken effect by writing Origen at the

following address: 216 Miracle Mile, Coral Gables, FL 33134. If you opt out of an update, the last

set of agreed upon arbitration terms will remain in force.

The Terms of Service evidence a transaction involving interstate commerce; and notwithstanding

any other provision herein with respect to the applicable substantive law, the Federal Arbitration

Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this agreement to

arbitrate and any arbitration proceedings.

For residents of the EU and UK.

Any disputes arising from the interpretation, validity and/or execution of these Terms of Service

shall be subject to the mandatory jurisdiction of the competent court of the place of residence or

domicile of the customer. These Terms of Service are governed by and must be interpreted in

accordance with the laws of the country of the competent court. According to EU Regulation no.

524/2013 on online dispute resolution for consumer disputes, if you are an EU resident, you may,

in your discretion, refer disputes through to the EU Commission’s online platform available at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

24. ENTIRE AGREEMENT: The failure of us to exercise or enforce any right or provision of

these Terms of Service shall not constitute a waiver of such right or provision. These Terms of

Service and any policies or operating rules posted by us on this site or in respect to the Service

constitutes the entire agreement and understanding between you and us and governs your use of

the Service, superseding any prior or contemporaneous agreements, communications and

proposals, whether oral or written, between you and us (including, but not limited to, any prior

versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the

drafting party.

25. GOVERNING LAW: Regardless of your place of residence, your use of the Web Site in

accordance with Terms of Service is governed by the laws of the State of Florida and not by the

laws of any other jurisdiction (except where the laws of another jurisdiction mandate the

application of that jurisdiction’s laws). As a result, and except where these Terms of Service state

otherwise or where the laws of another jurisdiction mandate the application of jurisdiction in your

state or country of residence, you submit to the exclusive jurisdiction of the courts of Florida.

26. CHANGES TO TERMS OF SERVICE: You can review the most current version of the

change or replace any part of these Terms of Service by posting updates and changes to our

website. It is your responsibility to check our website periodically for changes. Your continued

use of or access to our website or the Service following the posting of any changes to these Terms

of Service constitutes acceptance of those changes.

27. OUR NOTICES TO YOU AND CONTACT INFORMATION: You agree that we will

provide notices and messages to you within the service or if required, via email or regular mail.

You may provide Origen notice, and such notice will be deemed provided once received by Origen,

addressed via mail to the address noted in the below “Contact Us” section.

28. CONTACT US: Please contact us with any questions or comments about service at:

Origen Elige El Tuyo LLC

216 Miracle Mile

Coral Gables, FL 33134

Info@shop-origen.com

If you have any questions about these Terms of Service or would like to report a violation of these