Last updated: March 28, 2025
ACCEPTANCE OF THE TERMS OF USE
These terms of use (“Terms of Use”) are entered into by and between Northgate Gonzalez, LLC, Northgate Gonzalez Financial, LLC, and their affiliates (collectively, “Northgate,” “us,” “we,” or “our”), and you (“you” or “user”), regarding your access to and use of our website, mobile application, mobile messaging, or similar service, product, or platform hosted or provided by us in association with our goods, events, and services (collectively, the “Website”).
Please read the Terms of Use carefully before you begin utilizing the Website. By accessing, browsing, or using the Website, you agree to be bound and abide by the Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree with the Terms of Use, our Privacy Policy, or any other terms governing your use of the Website, please do not access or use our Website for any reason.
This Website is only intended for access and use by individuals over the age of 16 years old in the United States. All users must be over 16 years old. Please also see our Privacy Policy. By using the Website, you represent and warrant that you are over 16 years old and agree to these Terms of Use and the Privacy Policy, otherwise, you must not access or use the Website.
MODIFICATION OF THE TERMS OF USE
Northgate may modify or revise the Terms of Use at any time by updating this webpage. Any changes to the Terms of Use will be effective immediately upon posting, unless expressly stated otherwise. By accessing or using the Website after any modification, you agree to be bound by the Terms of Use as modified. You should visit this webpage periodically to stay up to date with the Terms of Use.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or modify this Website, and any goods, services, or materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for (i) making all arrangements necessary for you to have access to the Website, and (ii) ensuring that all persons who access the Website through your internet connection are aware of the Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register on the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, unique code, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, unique code, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any if, in our opinion, you have violated any provision of the Terms of Use.
USER REQUIREMENTS AND RESPONSIBILITIES
You shall only use the Website for lawful purposes and in accordance with the Terms of Use. You agree not to use the Website for any unlawful or fraudulent purposes, including but not limited to the following:
a.) In any way that violates any applicable federal, state, local, or international laws or regulations.
b.) To exploit, harm, or attempt to exploit or harm minors.
c.) To send, post, transmit, or upload material or content that is threatening, harassing, defamatory, or libelous, or material or content that is obscene or pornographic.
d.) To violate the rights of others, including but not limited to others’ intellectual property rights and privacy rights.
e.) To send, post, transmit, or upload “spam” or “junk mail.”
f.) Intentionally make false, deceptive, or misleading statements.
g.) Advertise any product or service without our prior written authorization and consent.
h.) To use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
i.) To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
j.) To use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
k.) To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
l.) To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
m.) To attack the Website via a denial-of-service attack, distributed denial-of-service attack, or other form of a cyber-attack.
n.) To otherwise attempt to interfere with the proper working of the Website.
Any uses of the Website in violation of the Terms of Use or in violation of an applicable law will result in your right to access and use the Website being terminated.
INTELLECTUAL PROPERTY
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Northgate, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not use, sell, modify, reproduce, display, distribute, create derivative works from, republish, download, store, or otherwise exploit any of the material on our Website without prior written consent. Without limiting the foregoing, you may not use Northgate’s names, logos, product and service names, designs, slogans, and other trademarks, in any manner without Northgate’s prior written consent. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may store files or copies of our materials that are either automatically or temporarily stored on your device incident to you accessing or using the Website. You also may download copies of material made available to you under our Privacy Policy. Otherwise, your rights to any of the Website content or materials are very limited.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Nothing contained in this agreement is to be construed as conferring upon you any license, title, or ownership interest in any of the Website content or any other intellectual property of Northgate or any third party, whether by implication, estoppel, or otherwise. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
THIRD PARTY AND USER CONSENT
The site may contain features, content, or links posted by you, other users, or third parties (“Unaffiliated Content”). Northgate is not responsible for monitoring Unaffiliated Content, but Northgate reserves the right to review, monitor, and remove Unaffiliated Content in its sole and absolute discretion. All Unaffiliated Content will be considered non-confidential, non-proprietary, and part of the public domain. You will be solely responsible for all Unaffiliated Content that you submit, including any claims of infringement or libel relating to such Unaffiliated Content. By submitting Unaffiliated Content, you automatically grant Northgate an unlimited, royalty-free, perpetual, irrevocable, fully transferable and sublicensable, worldwide license to use, copy, distribute, display, create derivative works from, sell, sublicense, and otherwise use or exploit the Unaffiliated Content in any manner. If you do not agree to the foregoing, you should not submit any Unaffiliated Content on or to the Website.
You represent and warrant that (i) you own or control all rights in and to the Unaffiliated Content and have the right to grant the license granted above to us and our licensees, successors, and assigns, and (ii) all your Unaffiliated Content does and will comply with the Terms of Use.
Neither Northgate nor any of its affiliates, predecessors, successors, heirs, assigns, agents, employees, officers, directors, managers, owners, representatives, attorneys, or any persons acting by, through, under, or in concert with any of them (collectively, “affiliates”) makes any representations or gives any warranties or guaranties concerning any Unaffiliated Content, and neither Northgate nor any of its affiliates will be liable for any damage or injury arising from any Unaffiliated Content. The presence of any Unaffiliated Content on the Website is not to be considered an endorsement by Northgate or any of Northgate’s affiliates of any person providing Unaffiliated Content, the views expressed in any Unaffiliated Content, or any products or services related to any Unaffiliated Content. Your use of or reliance on any Unaffiliated Content is at your own risk.
MONITORING AND ENCORCEMENT; TERMINATION
We have the right to remove or refuse to post any Unaffiliate Content to the Website or your personal profile on the Website for any or no reason in our sole discretion. We also have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. We also have the right to terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS NORTHGATE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party not at the direction of Northgate. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content created and provided by Northgate, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Northgate. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
COMMUNICATIONS
Any unsolicited material that you submit to Northgate, including suggestions on how to improve the site, will be considered non-proprietary, public information that may be used by Northgate for any purpose, as determined by Northgate in its sole discretion, without any compensation to you. Notwithstanding the foregoing, all information submitted to Northgate will be handled in accordance with its Privacy Policy.
By submitting information to us electronically, including by email, you are consenting to receiving communications from Northgate electronically, including by email. Please note that if you choose to participate in one of our mobile messaging programs or services, the Terms of Use may be supplemented by additional terms and conditions relevant to that specific mobile messaging program or service and by the Privacy Policy. Please be sure to familiarize yourself with all terms and conditions that govern the information and communications you submit to us.
ONLINE TRANSACTIONS, OTHER TERMS AND CONDITIONS, AND LINKS
Additional terms and conditions may also apply to specific portions, services, or features of the Website for transactions placed on the Website or carried out through the Website. All such additional Northgate terms and conditions are hereby incorporated by this reference into the Terms of Use.
If transactions, goods, or services advertised or otherwise made available on the Website are purchased or delivered by a third party, such as services providers we partner with through Prospera Gonzalez or our online shopping or catering feature, please be advised of the third party’s policies, terms, and conditions.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
COPYRIGHT INFRINGEMENT
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all the following information to our copyright agent, whose contact information is provided below:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Northgate’s copyright agent can be reached at: itnotices@northgatemarkets.com or Northgate Gonzalez Markets, c/o John D’Anna, Chief Privacy Officer, 1201 N. Magnolia Avenue, Anaheim, California 92801.
Northgate will handle all notices it receives under this section in accordance with the terms of the Digital Millennium Copyright Act.
ACCESSABILITY
Northgate is committed to ensuring the Website is accessible to all users, including those with disabilities. We aim to provide an Internet experience that conforms to the Web Content Accessibility Guidelines (“WCAG”) WCAG AA 2.1 as provided by the World Wide Web Consortium (“W3C”). As the Website policies and interface may change, we will continue to endeavor to maximize accessibility. If you have any questions or concerns regarding the Website’s features or access, please contact us.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NORTHGATE NOR ANY PERSON ASSOCIATED WITH NORTHGATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NORTHGATE NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, NORTHGATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NORTHGATE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IDEMNIFY
You shall defend, indemnify, and hold harmless Northgate, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, causes of action, liabilities, damages, judgments, costs, awards, losses, expenses, or fees (including attorneys’ fees) arising out of or related to your use or alleged use of the Website, including any of the Website’s content, features, goods, or service; your breach or alleged breach of the Terms of Use; your Unaffiliated Content; or your use of any information obtained from the Website.
DISPUTES
All legal issues arising from or related to the use of the Website or to the Terms of Use are to be governed by, construed in accordance with, and determined by the laws of the state of California, without regard to any conflict of law principle that will cause the substantive law of another jurisdiction to apply. At Northgate’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The exclusive venue for the resolution of all disputes arising out of or relating to the Website, Terms of Use, or Privacy Policy is Orange County, California, and user and Northgate each hereby submit to personal jurisdiction to that forum and waive any claim or defense that it is an inconvenient forum.
WAIVER AND SERVABILITY
No waiver by Northgate of any term or condition set out in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Northgate to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use, Privacy Policy, and any other program or service specific terms contain the entire agreement between you and Northgate concerning your use of the Website, superseding any previous negotiations, understandings, representations, warranties, or agreements between you and Northgate, whether written or oral.
ASSIGNMENT
You may not assign any rights, duties, obligations, or claims under, arising out of, or relating to the Terms of Use without Northgate’s prior written consent. Northgate’s rights, duties, obligations, and claims under these terms of use are freely assignable.
CONSTRUCTION
As used in the Terms of Use, the masculine, feminine, or neuter gender, and the singular or plural number, include the others whenever the context so indicates. The use of “including” in these terms of use is for purposes of example and illustration, and not for purposes of restriction or limitation.
NOTICES AND CONTACT
All notices and contact concerning the Terms of Use and the Website should be sent to Northgate as follows: itnotices@northgatemarkets.com or Northgate Gonzalez Markets, c/o John D’Anna, Chief Privacy Officer, 1201 N. Magnolia Avenue, Anaheim, California 92801.
