LATD, Inc. d/b/a Latitude (“Latitude” “we,” “us,” or “our”) has created the following Terms & Conditions of Use (“Terms”) to apply to all users of this website and all digital assets contained or offered therein (the “Site”), and any associated materials or documentation or content therein (“Materials”) made available through the Site.
The Terms are written in the English language. We do not guarantee the accuracy of any translated versions of the Terms. To the extent any translated versions of the Terms conflict with the English language version, the English language version of the Terms shall control.
Please carefully read the Terms before using our Site. By using our Site, you agree to be bound by the Terms including the Binding Arbitration Clause and Class Action Waiver described in Section X. If you do not agree to these terms, then you must not use our Site. If you violate the Terms, we reserve the right to deny you access to our Site, together with any and all other legal remedies. The headings used herein are included for convenience only and will not limit or otherwise affect the Terms.
Subject to and conditioned on your compliance with the Terms, Latitude grants you a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Site and Materials solely for your personal or internal use during the subscription term. We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Site with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Site. We will not be liable if for any reason all or any part of the Site are unavailable at any time or for any period.
You are responsible for obtaining and maintaining, at your sole expense, all hardware, software, equipment, devices, and services that you require to access and use the Site. We are not responsible for and have no liability with respect to the selection, purchase, maintenance, or proper functioning of any such hardware, software, equipment, devices, and services.
All Materials available through the Site, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement, is the proprietary property of us, our affiliates, third-party media and technology companies we partner with, or licensors, and is protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Site, including but not limited to customer identities or Information.
All registered and unregistered trademarks visible or accessible through our Site are trademarks of Latitude, third-party media, and technology companies we partner with, or our licensors, and may not be copied, imitated, or used in whole or in part without the prior written permission of Latitude, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
The duration of these Terms commences on the date when you first access the Site and continues in full force and effect until you no longer use the Site.
In addition to any other remedies available to us, we may terminate your access to the Site with immediate effect if you are in material breach of any obligation in the Terms. We also reserve the right to terminate or suspend your access to the Site where deemed reasonably necessary by us in our sole discretion.
Upon termination or expiration of the Terms for any reason, your access rights granted hereunder shall also terminate, and you shall cease using the Site and Materials.
Our Site may contain typographical errors, inaccuracies, or omissions that may relate to our offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel programs if any information about our offerings, promotions, packages, programs, events, or materials in the Site or on any related website, are inaccurate at any time without prior notice. We do not take on any obligation to update, amend, or clarify information on the Site or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law. No specified update or refresh data applied in the Site or on any related website should be taken to indicate that all information in the Site or on any related website has been modified or updated.
You may not create a link to any page of our Site without our prior written consent. If you do create a link to a page of our Site, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Site by linking to them.
OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATE OR ANY OTHER THIRD PARTY.
IN NO CASE SHALL WE, OUR 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, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of the Terms or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
Our Site, including our website is intended only for users over the age of eighteen (18).
We do not target our Site to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).
The Terms and any separate agreements whereby we provide you access to the Site shall be governed and construed in accordance with the laws of the state of Massachusetts without reference to any conflict of law rules.
You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You and Latitude agree that if there is any dispute or claim arising from or related to our Site and/or the Terms it will be resolved by confidential binding arbitration, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to email@example.com . This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and Latitude are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of the Terms as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in Massachusetts or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and the Company unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in the Terms to the contrary, you and the Company agree that if the Company makes any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial . We also both agree that you or the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Site, including, without limitation, any website or mobile application or other Site-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
To the extent that any provision of the Terms is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, 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 the Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
There are no third-party beneficiaries to the Terms. We shall have the right to assign our rights or delegate any of its responsibilities under the Terms to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
We reserve the right to change, modify, or amend the Terms at any time to reflect changes in our practices and service offerings. If we modify the Terms, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes. This Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
If you have any questions about the Terms, please contact us at the following: