WEB SITE TERMS AND CONDITIONS
Last Revised: November 15, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply solely to your access and use of the Web site of Lat22, LLC ("Lat22") located at www.lat22.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Lat22 for the Services (as defined below). If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Lat22 for violations of these Site Terms.
Lat22 reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Site Terms, you must stop using the Site.
If you have any question regarding the use of the Site, please email us at firstname.lastname@example.org.
Lat22 provides you with information about, access to and the ability to book activities in Hawaii (the "Services").
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on the Site ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Lat22, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to Lat22.
Third Party Content
Lat22 provides third party content on the Site and provides links to Web pages and content of third parties (collectively the "Third Party Content"). Notwithstanding any terms to the contrary in these Site Terms or otherwise on the Site: (i) Lat22 does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, regarding its accuracy or completeness; and (ii) you acknowledge and agree that Lat22 is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge and agree that you use such Third Party Content contained on the Site (or made available via the Site) at your own risk.
*** All services and products offered by activity providers constitute Third Party Content.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Lat22 or any of the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Lat22 logo or other proprietary graphic of Lat22 to link to this Site without the express written permission of Lat22. Further, you may not use, frame or utilize framing techniques to enclose any Lat22 trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Lat22's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Lat22 or any third party.
Lat22 makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or Web sites linking to the Site. Such sites are not under the control of Lat22 and Lat22 is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Lat22 provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Lat22 of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Advertisements and Promotions; Third Party Products and Services
Lat22 may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Lat22 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Lat22 advertisers or third party information on the Site.
Copyright and Limited License
Unless otherwise indicated in the Site or these Site Terms, the Site and all content and other materials on the Site, including, but not limited to, Lat22's logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Lat22 or its licensors or users and are protected by U.S. and international copyright laws.
Subject to the following grant, activity providers own all right, title and interest in and to the activity content they provide to Lat22 ("Activity Content"). By providing Activity Content to Lat22, activity providers grant Lat 22 an unrestricted, royalty-free, perpetual, irrevocable license to use, market, import, distribute, copy, modify, prepare derivative works, perform, display, disclose, sublicense and otherwise exploit such Activity Content.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of the Site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (vi) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized in these Site Terms, without the prior written permission of Lat22, is strictly prohibited and will terminate the license granted in these Site Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
"Lat22," "Lat22: Follow the Fun," Lat22's logos and any other service name or slogan contained in the Site are trademarks of Lat22 and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lat22 or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing "Lat22" or any other name, trademark or service name of Lat22 without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Lat22 may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Lat22 names and logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You agree, at your sole expense, to defend, indemnify and hold Lat22, its independent contractors, activity providers, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Site Materials, the Interactive Areas and/or the Services; (ii) your conduct; (iii) your violation of these Site Terms or your violation of the rights of any third party; or (iv) any User Content.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, THE SITE MATERIALS, ACTIVITY CONTENT, THE THIRD PARTY CONTENT, THE USER CONTENT, ANY HYPERLINKS, THE SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SERVICES/CONTENT") ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY SERVICES/CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY SERVICES/CONTENT. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ANY SERVICES/CONTENT WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING (BUT NOT LIMITED TO): (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT LAT22 KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. LAT22 DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE USER CONTENT, ANY HYPERLINKS, THE SERVICES OR THE SERVICES/CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
LAT22 IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO ANY SERVICES/CONTENT. WHILE LAT22 ATTEMPTS TO MAKE YOUR ACCESS AND USE OF ANY SERVICES/CONTENT SAFE, LAT22 CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ANY SERVICES/CONTENT OR LAT22'S SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Lat22 reserves the right to change any and all content contained in the Site and the Services at any time without notice. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Lat22.
Limitation of Liability
IN NO EVENT WILL LAT22 BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES/CONTENT, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LAT22, VIA THE SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO LAT22'S RECORDS, PROGRAMS OR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES/CONTENT, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LAT22, VIA THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO LAT22'S RECORDS, PROGRAMS OR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.
Applicable Law and Venue
These Site Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms will be filed only in the state and federal courts located in San Francisco County, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Lat22 reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
If any provision of these Site Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
Questions or comments about the Site may be directed to Lat22 by emailing us at email@example.com.