LATITUDE 40 TERMS OF SERVICE
1. AGREEMENT TO TERMS
Latitude 40 Consulting's Terms of Service ("Terms") is effective as of April 1, 2012. Your continued use after such time of Latitude 40's website (the "Site") shall signify your express acceptance of the Terms. By accessing or using the Site, you signify that you have read, understood, and agree to be bound by the Terms.
2. CHANGES TO TERMS
Latitude 40 reserves the right, at its sole discretion, to change, modify, or otherwise alter the Terms from time to time by updating the Site or any linked information. Unless otherwise provided in such change, modification, or alteration, the updated Terms, or any part thereof, will take effect when they are posted to the Site. If we amend the Terms, we will notify you on the Site when the change takes place. You agree that your continued use of the Site obligates you to review the Terms from time to time for any changes, modifications, or alterations which may occur. If you do not agree to the changes, we are not obligated to keep providing the service and you must cancel and stop using the service before the changes become effective. The most recent version of the Terms may be accessed at: http://www.latitude40.com/TermsOfService.aspx.
4. USER OBLIGATIONS
A. By your use of Latitude 40's Site or services, you represent that you are of legal age to form a binding contract and are not a person barred from using Latitude 40's Site or services under the laws of the United States or other applicable jurisdiction. By your use, you agree to provide true, accurate, current and complete information about yourself when submitting information to us. You understand you will be solely responsible for the contents you send to Latitude 40 or make available through Latitude 40's Site or services.
B. You will respect Latitude 40's copyrights and trademarks, as well as those of others that may be used on our Site, including our third-party partners and customers.
C. You will not use Latitude 40's products or services, or this Site illegally or to harm another in any way. You must not: damage, disable, overburden, or impair the service (or any network connected to the service); resell or redistribute the service or any part of it; use any unauthorized means to modify, reroute, or gain access to the service or attempt to carry out these activities; or use any automated process or service to access or use the service. You may be able to access third-party websites or services via the service; you acknowledge that we are not responsible for such websites or services or content that may be available there.
D. You will not illegally duplicate materials from or using our Site or applications or otherwise attempt to circumvent copyright laws governing the use of and protecting the rights of licensed content.
E. You will not attempt to gain unauthorized access to any portion or feature of the Site or applications, or any other systems or networks connected to the Site or to any Latitude 40 server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
F. 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, or any other customer of Latitude 40 to its source, or exploit the Site or any service or information 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 or mobile applications we provide.
5. OTHER TERMS AND CONDITIONS
A. Latitude 40 enters into separate agreements with customers that may provide different terms than those here. If there is a conflict between these Terms of Service and any other terms, the former terms shall control with respect to your use of the relevant portion of the Site.
6. YOUR CONTENT
B. When you give us or others access to your content by submitting it to us, you grant us a free, non-exclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by Latitude 40. If you don't want us or others to have those rights, don't submit content to us or otherwise use the service to share your content.
7. COPYRIGHT AND TRADEMARK NOTICES
A. You agree that all of Latitude 40's trademarks, trade names, service marks and other Latitude 40 logos and brand features, and product and service names ("Latitude 40 Marks") are trademarks and the property of Latitude 40. Without Latitude 40's prior permission, you agree not to display or use in any manner Latitude 40 Marks.
B. You acknowledge and agree that Latitude 40 and any necessary software used in connection with Latitude 40's Site and its services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in advertisements or information presented to you through Latitude 40 or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Latitude 40 or the applicable licensor (such as an advertiser or user), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Latitude 40 services or software, in whole or in part.
C. Latitude 40 is a Trademark. All Content on this Site is Copyright 2012 All Rights Reserved, Latitude 40 Consulting, Inc.
D. Additional trademarks are the property of their respective owners.
8. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS: NOTICE AND PROCEDURE
A. Latitude 40 respects the intellectual property of others, and we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Latitude 40's Copyright Agent the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the Site;
iv. your address, telephone number, and email address;
v. 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;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
B. Latitude 40's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Phone: +1 (303) 544-2191
Address: 11001 W. 120th Ave. Suite 400
Broomfield, CO 80021
9. WARRANTY DISCLAIMER
A. Latitude 40'S SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE.
B. Latitude 40 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) Latitude 40 SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) Latitude 40 SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Latitude 40 SERVICES OR SOFTWARE; OR (iv) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
C. Latitude 40 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY.
D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR ACCESSED THROUGH THE USE OF Latitude 40 SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Latitude 40 OR THROUGH OR FROM Latitude 40'S SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
F. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You expressly understand and agree that Latitude 40 and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be responsible or liable to you for any loss or damage of any sort, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, incurred as the result of any dealings resulting from the use or the inability to use the Latitude 40 service, the cost of procurement of substitute goods and/or services, unauthorized access to or use of your account or contents you make available, statements or conduct of any third party on Latitude 40, or any other matter relating to the Latitude 40 Site or services.
You agree to hold harmless and indemnify Latitude 40, its officers, subsidiaries, affiliates, successors and assigns against any and all losses, costs expenses, damages, or other liabilities incurred by Latitude 40, and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Latitude 40 in connection with your use of the Site and services, including any content posted or information submitted to the Site and payment obligations incurred through use of the Site.
12. INTERNATIONAL USE
The Site is controlled and operated from its facilities in the United States. Latitude 40 makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use or access the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology and other technical data via Latitude 40 to parties identified on such lists; (b) agree not to use Latitude 40 for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload or post via Latitude 40 any software, technology or other technical data in violation of U.S. or other applicable import or export laws.
13. MISCELLANEOUS TERMS & CONDITIONS
A. These Terms, together with any other legal notices and agreements published by Latitude 40 via the Site, shall constitute the entire agreement between you and Latitude 40 concerning the Site and its services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
B. The titles and sub-headings under these Terms are for convenience only, and have no legal or contractual effect.
C. All parts of this contract apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won't change. This is the entire contract between you and us regarding this Site.
14. DISPUTE RESOLUTION
A. CHOICE OF LAW AND FORUM
This agreement shall be governed by the laws of the State of Colorado without respect to any of its conflict of laws provisions that would require the application of the laws of a different jurisdiction, and the parties hereby exclusively and irrevocably consent to jurisdiction and venue in the state and federal courts sitting in Denver, Colorado. In any action, arbitration or suit to enforce any right or remedy under this agreement or to interpret any provision of this agreement, the prevailing party shall be entitled to recover its costs, including, without limitation, reasonable attorneys' fees.
B. STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Latitude 40 Site or the Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Latitude 40 may provide you with notices, including those regarding changes to these Terms, via but not limited to email, regular mail, SMS, MMS, text message, postings on Latitude 40 or other reasonable means now known or hereafter developed. You will be considered to have received a communication when Latitude 40 sends such communication to the contact information you have provided to Latitude 40 on the Site, or when Latitude 40 posts such communication on the Site. Such notices may not be received if you violate these Terms by use of Latitude 40's Site or its services in an unauthorized manner. You hereby agree that you are deemed to have received any and all notices that would have been delivered to you had you accessed Latitude 40 in an authorized manner.
B. CONTACTING Latitude 40
If you wish to report a violation of the Terms, or have any questions or need assistance, please contact us at:
Phone: +1 (303) 544-2191
Address: 11001 W. 120th Ave. Suite 400
Broomfield, CO 80021