Effective Date of Current Policy: February 10, 2017
Welcome to Latitu.com! Please read the following terms of service (“Terms”) as they govern your use of the Latitu.com website (“Site”) and the products and services available on the site (“Service”).
These Latitu° Terms and Conditions apply to the website and all other online properties (the “Site”) operated by Jean & Isola LLC, d/b/a Latitu° (“Latitu°”, “we”, “our”, or “us”). The use of the Site, including the purchase of any products found on the Site is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at email@example.com.
DESCRIPTION OF SERVICE
Latitu° is an online retailer of luxury leather goods and travel accessories.
FEES, PAYMENT & RETURN POLICY
Certain products offered by (or on behalf of) Latitu° through the Site (such as leather goods, travel guides, travel accessories, etc.) will require payment by you (“Products”). You shall pay all applicable fees, as described on the Site, in connection with the Products selected by you. All fees are in U.S. dollars unless stated otherwise by Latitu° on the Site. All fees are payable upon demand on a Visa, MasterCard, American Express, or Discover credit card. The prices displayed do not include taxes. Any applicable taxes will be communicated to you before you place an order. Latitu° reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitute your acceptance of any new or increased charges.
Risk of loss and title for Products pass to you upon delivery of such Products (by Latitu° or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
All purchases are subject to Latitu°’s Shipping and Returns Policy.
The goods will be imported on behalf of you, the consignee/buyer. You, the consignee authorized Latitu° to import the goods on your behalf. Further, the consignee/buyer agrees that Latitu° may delegate the obligation to import the goods on his or her behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods. Additional for international shipments, risk of loss and title for Products pass to you upon delivery of such Products (by Latitu° or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
RULES AND CONDUCT
The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your own information purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- Imposes an unreasonable or disproportionately large load on Latitu°’s computing, storage or communications infrastructure or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment, or to damage or obtain unauthorized access to any system, data or other information of Latitu° or any third party; or
- Harvests or collects any information from the Site; or
- Impersonates any person or entity, including any employee or representative of Latitu°.
- Latitu° may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.
THIRD PARTY SITES
The Service may link to other websites on the Internet, and other websites may contain links to the Site. You are responsible for evaluating whether you want to access or use them. These other websites are not under Latitu°’s control, and you acknowledge that Latitu° is not liable or responsible for the accuracy, completeness, legality, appropriateness, timeliness, reliability, availability of, or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Latitu° or any association with its operators. Outside websites linked to our Site, all of which have separate privacy and data collection policies and practices, are only for your convenience and therefore you access them at your own risk. We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website. You assume all risk and we disclaim all liability arising from your use of them.
By use of this Site, you agree to indemnity and hold Latitu° (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages, and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct) or use of Site.
ERRORS, INACCURACIES, & OMISSIONS
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
INTELLECTUAL PROPERTY RIGHTS
You agree that all content and materials delivered via the Site, Service or otherwise made available by Latitu° are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. The entire content of the Latitu° website is copyrighted as a collective work under U.S. copyright laws. Except as expressly authorized by Latitu° in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, products, video clips and written and other materials is the property of Latitu° or its licensors, partners or affiliates and is protected by United States and international copyright laws. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Latitu° is prohibited.
“Latitu°” as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Jean & Isola LLC. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
DISCLAIMER OF WARRANTY
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE SERVICE) IS PROVIDED "AS IS" AND "AS AVAILABLE”. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, LATITU° MAKES NO WARRANTIES OF ANY EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LATITU°, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
COLORS & PRODUCT REPRESENTATION
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee or insure that your computer monitor’s display of any color will be accurate. Color can vary across computer models, browsers, and settings. Some product images have been digitally altered and we cannot guarantee or insure actual products reflect online product representation. You may request a return and refund in original payment within 30 days of receiving your Product order if Product does not meet your expectation.
Gift cards do not expire.
From time to time, Latitu° may also engage spokespeople, brand ambassadors, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by Latitu° for their statements.
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
CONTENT YOU SUBMIT TO LATITU°
We may feature your reviews, comments, or photos that include our products. When you tag #latitu or our brand’s trademarks including our brand slogan on any social media platforms, you agree for your photos or comments to be included in our Instashop, print & media, website, and/or social media platforms. We cannot insure to protect your intellectual property, image, or identity. You reserve the right to request your content to be removed, without any punitive damages or monetary claims, by emailing firstname.lastname@example.org.
DIGITAL MILLENIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Latitu° a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Latitu° to locate the material on the Site; Your name, address, telephone number, and e-mail address (if available); A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Latitu° a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices with respect to the Site should be sent to 261 West Newton Street, Boston, MA 02116 or email@example.com.
Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LATITU° HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF LATITU° CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Latitu° Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
These Terms and the relationship between you and Latitu° will be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and Latitu° agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in the State of Massachusetts. You covenant not to sue Latitu° in any other forum. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site, purchase of a Product , or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
These Terms constitute the entire agreement between the user and Latitu° with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.