Terms Of Use
Last Modified: October 23, 2019
The following terms and conditions (the “Terms”) constitute a binding agreement
between you, whether personally or on behalf of an entity (“you”) and LATD (“we” , “us”, or “our”) with respect to your use
of the website
latd.ai, or any sub-domain or
other LATD website (the “Sites”), including any Content (as defined in Section 1 below).
BY ACCESSING OR USING THE SITES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A)
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, AND (B) AFFIRM THAT YOU ARE
AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE).
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITES.
We may, at any time, revise or modify these Terms or impose new conditions for use of the
Sites. Such changes, revisions or modifications (“Changes”) shall be effective immediately
upon notice to you, which may be given by any means including, without limitation, posting on
the Sites or by email. Any use of the Sites by you after such notice shall serve as your acceptance
of such Changes.
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Scope of and Restrictions on Use. Unless otherwise specified, the Sites and
the Content are for your personal and non-commercial use only. Subject to these Terms, LATD grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable
license to access and use the Sites for your personal, non-commercial use (unless otherwise specified),
including any computer code, software, applications, files, executable files, comments, messages, posts,
graphics, text, instructions, images, audio files, and/or other sounds, videos, and other materials or
documents you may view on or access, through the Sites (collectively, the “Content”). Except as otherwise
provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any
other purpose, nor may it be redistributed, reused, or modified for any purpose without the express written
permission of LATD. Additionally, you agree not to:
- Collect information from the Sites using any automated software tool or manually on a mass basis;
- Use automated means to access the Sites, or gain unauthorized access to the Sites, or to any account or computer system connected to the Sites;
- Obtain, or attempt to obtain, access to restricted or password protected areas of the Sites, except as authorized through your account;
- “Flood” the Sites with requests or otherwise overburden, disrupt, or harm the Sites or our systems;
- Take any action to restrict or inhibit other users from accessing or using the Sites;
- Modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Sites or in the Content; or
- Access or use the Sites for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
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Permission to use Content. You may use the Content for your informational,
non-commercial use only, unless we agree otherwise in writing. You may not copy or post any
Content on any network computer or broadcast it in any media without our prior written agreement.
Use of the Content other than as set forth herein is expressly prohibited by law and may result in
civil and criminal penalties. You acknowledge and agree that any software, documentation, or other
materials or Content downloaded by you for commercial use may be subject to the terms of a separate
LATD license agreement, and in the event of a conflict between these Terms and any such
license agreement, the terms of the license agreement shall prevail.
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Ownership. Unless otherwise indicated,
the Site is LATD proprietary property and all source code,
databases, functionality, software, website designs, audio,
video, text, photographs, graphics, methodologies, and processes on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by LATD or licensed to us,
and are protected by copyright and trademark laws and various other intellectual property
rights and unfair competition laws of the United States, foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written permission.
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Privacy Policy.
By using the Site, you agree to be bound by our
Privacy Policy,
which is incorporated into these Terms of Use.
Please be advised the Site is hosted in the United States.
If you access the Site from the European Union, Asia, or any
other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued
use of the Site, you are transferring your data to the United States,
and you expressly consent to have your data transferred to and processed
in the United States. Further, we do not knowingly accept, request, or
solicit information from children or knowingly market to children in accordance with the
U.S. Children’s Online Privacy Protection Act.
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Other Terms and Conditions. Additional terms and conditions
(including licenses, non-disclosure agreements, and other agreements) may apply
to your access to, use of, or participation in certain Content or portions of the Sites,
purchases of goods and services, promotions, or other features. We will notify you if
that is the case and, to the extent applicable to your use of the Sites, those terms and
conditions are incorporated into these Terms by this reference. In the event of a conflict
between these Terms and any such other agreement, the other such agreement will control your
access to, use of, or participation in that particular Content, good, service, promotion, or
feature.
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Linking to the Sites. You may link to the Sites’ homepage, provided you do
so in a way that is fair and legal and does not damage or take advantage of our reputation,
but you must not establish a link in such a way as to suggest any form of association,
approval, or endorsement on our part where none exists. You must not establish a link
from any website that is not owned by you. The Sites must not be framed on any other
website, nor may you create a link to any part of the Sites other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately
to cease. We reserve the right to withdraw linking permission without notice.
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Third Party Materials. The Sites may display, include, or make available
third-party content (including User-Generated Content, data, information, applications,
and other products, services, and/or materials) or provide links to third-party websites
or services (collectively, “Third Party Materials”). You acknowledge and agree that LATD is not responsible for Third Party Materials including their accuracy,
completeness, timeliness, validity, legality, decency, quality, or any other aspect
thereof. LATD does not assume and will not have any liability to you or
any other person or entity for any Third Party Materials. Third Party Materials and
links are provided solely as a convenience to you, and you access and use them entirely
at your own risk and subject to such third parties’ terms and conditions.
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Third Party Platforms. LATD may provide the Sites to you through
third party websites, operating systems, platforms, and portals (collectively, “Third Party Platforms”).
Additional terms and conditions will apply to you with respect to your use of Third Party Platforms
which are not under our control. We do not assume any responsibility or liability for
your use of such Third Party Platforms.
8.1 Changes to the Site. LATD reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Sites or any portion thereof (including any Content) at any time. You agree that LATD will not be liable to you or to any third party for any such change, suspension, or discontinuance.
8.2 Suspension/Termination of Access. LATD has the right to deny access to, and to suspend or terminate your access to, the Sites or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. In the event that we suspend or terminate your access to the Sites, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
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Change and Suspension.
9.1 Disclaimer of Warranties EXCEPT AS OTHERWISE SET FORTH IN WRITING BY LATD, THE SITES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND LATD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER LATD NOR ANY PERSON ASSOCIATED WITH LATD MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE SET FORTH IN WRITING BY LATD. NEITHER LATD NOR ANYONE ASSOCIATED WITH LATD REPRESENTS OR WARRANTS THAT THE SITES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
9.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LATD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITES OR THE CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 9.2, LATD IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL LATD’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO LATD IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $50.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SITES AND THE CONTENT IS AT YOUR SOLE RISK.
9.3 Exclusions Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages so some of the exclusions and/or limitations in this Section 9 may not apply to you.
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Indemnification. You agree to indemnify, defend, and hold
LATD and its officers, directors, employees, agents, licensors,
and service providers harmless from and against any claims, liabilities,
losses, damages, judgments, awards, costs, and expenses (including reasonable
attorneys’ fees) arising out of or resulting from your use of the
Sites and/or any Content, or any violation of these Terms or applicable law.
Your indemnification, defense, and hold harmless obligations will survive
the termination of your use of the Sites, and/or these Terms.
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User Data. We will maintain certain data that you transmit
to the Site for the purpose of managing the performance of the Site, as
well as data relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
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Electronic Communications, Transactions, and Signatures. Visiting the Site,
sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any means other
than electronic means.
- Miscellaneous.
13.1 Geographic Restrictions. The Sites are provided from, and LATD is based in, the state of Florida in the United States. LATD makes no representation that the Sites or the Content are accessible or appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
13.2 Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Sites (including the Content) shall be instituted exclusively in the federal or state courts located in Miami Data County, Florida. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13.3 Limitation on Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13.4 Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, waived, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible and the remaining provisions of these Terms will continue in full force and effect.
13.5 Entire Agreement. These Terms constitute the sole and entire agreement between you and LATD with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
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Contact Us.
If you have any complaints, concerns, and/or questions about the Sites, please email us at
admin@latd.com.