1. User Consent to the Terms
By proceeding to use this Site, you are consenting to the Terms as if you had physically signed an agreement containing the Terms. If you do not accept the Terms, please do not use the Site.
Your failure to adhere to the Terms may result in the suspension or termination of your access to the Site, without notice. Latitude News may terminate your access to the Site at any time and for any reason.
If you are accessing or using the Site as a representative of any company or organization, the Terms apply to and bind you individually as well as the company or organization.
References to “you” or “your” apply to you individually and to the company or organization and references to “we” or “us” apply to Latitude News.
2. Modification of the Terms
Latitude News reserves the right to modify the Terms at any time and without notice to users. We also reserve the right to change or discontinue any aspect or feature of the Site at any time. Any modifications are effective and become a part of the Terms when they are posted. We encourage you to visit this page to review the current Terms prior to each new use of the Site.
3. Proprietary Rights
A. Site Content
By accessing or using the Site, you acknowledge that all of the materials, information, publications on the Site (including, without limitation, text, software, code, graphs, photographs, videos, stills, graphics, music, sound, and site code, such as source code, scripts, object cod, and software) (“Content”) are protected by copyrights, trademarks, or other proprietary rights. The compilation of Content, design, organization, graphics, advertising, and the “look and feel” of the Site are also protected.
All Content is the property of Latitude News or its licensors. No reproduction, modification, transmission, publication, sale, transfer, upload, download, copy or derivative work creation, distribution, performance, display, or any other use of the property in any media now known or hereafter developed is permitted without prior written permission by Latitude News. Such use may be a violation of the intellectual property rights of Latitude News or its licensors.
Modification of the Content or use of the Content in any manner that directly or indirectly suggests an association with Latitude News is strictly prohibited.
B. Notice of Copyright Infringement
Latitude News respects the rights of all owners of copyrights, trademarks, and other intellectual property rights. To that end, Latitude News has implemented a policy to suspend or terminate the access of and take action against users, subscribers, and account holders who violate such rights.
If you believe that your work has been copied in a manner that constitutes a copyright infringement, or that the Site contains links or other references to another on-line location that contains content that infringes on your rights, please notify us by contacting our designated agent for notification of claimed infringement:
Peter J. Caruso II, Esq., Prince, Lobel, Glovsky & Tye LLP
100 Cambridge Street Boston, MA 02114.
Telephone number: (617) 456-8034.
Please include the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:
- A physical or electronic signature of a person authorized on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit use to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party can be contacted;
- A statement that the complaining party has 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 you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
After receiving notification of an alleged copyright infringement, Latitude News will remove or disable access to such material pending further review. Latitude News reserves the right to remove posted materials and to terminate a copyright-infringing party’s access to this Site.
NOTE: Only copyright complaints should be sent to the agent. The agent will not accept or respond to any other communications.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including, but not limited to, “Latitude News”, are registered and unregistered Trademarks of Latitude News and others. You may not use the Trademarks without the express written permission of Latitude News.
Nothing contained in the Site grants any express or implied right to use any of the trademarks without the prior written consent of Latitude News or of its licensor. Any and all goodwill generated by the trademarks will inure to the benefit of Latitude News.
You may not use any of Latitude News’ proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by Latitude News; (ii) cause confusion, mistake, or deception; (iii) dilute Latitude News’ trademarks, service marks, or trade names; or (iv) otherwise violate applicable law.
5. Restrictions on Use
Everything you see or read on the Site is the property of Latitude News or duly licensed to Latitude News by a third party. This property and material is protected by copyright and trademark laws, and may not be used without written consent of Latitude News, except as provided in these Terms.
Latitude News maintains copyright protection in, or has obtained a license to use, all Content on this Site. You may not copy, distribute, republish, cache, link, modify, transmit, or in any way use the Content of the Site for public or commercial purposes without Latitude News’ written permission.
By accessing the Site, you acknowledge that copies of the Site’s Content will retain all copyright and other proprietary notices and that you will not modify the Site’s Content in any way.
Images of people or places displayed on the Site are either the property of, or used with permission by, Latitude News. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless specifically permitted by these Terms or by specific written permission provided by Latitude News.
Any software that is available for download from this Site is the copyrighted property of Latitude News and/or its supplies. Any use or reproduction of any such software and warranties as to such software are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Site is governed by the terms of the agreement applicable to that product or service.
6. Prohibited Conduct
It is a condition of your use of this Site that you do not:
- post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, scandalous, inflammatory, obscene, racist, vulgar, pornographic, hateful, profane, criminal, or offensive material of any kind, including any material that would violate any local, state, national, or international law, or give rise to any civil or criminal liability;
- post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual rights;
- post or transmit any material containing software viruses or similar disabling devices; or
- post or transmit any unsolicited advertising, material that is junk mail, encrypted, or invades a person’s privacy, or encourages any conduct that would constitute a criminal offense or give rise to any civil liability or that violates any local, state, federal, national, or international law or regulation.
- disrupt, overwhelm, overload, attack, modify, or impair the operation of or interfere with the Site or its associated software, hardware and/or servers in any manner, or impede or interfere with the use of the Site by other persons or alter or tamper with any content or information associated with the Site.
- violate confidentiality of restricted information or reveal any trade secret information that you have either explicitly or implicitly agreed to keep confidential.
- infringe or violate the copyrights, trademarks, patents, trade secrets, or other intellectual property/proprietary rights of Latitude News or any third party;
- impersonate or claim the identity or characteristics of any person or entity, falsely claim an affiliation with any person or third party, or submit false, misleading, or inaccurate information pertaining to your identity.
We may post hyperlinks to third-party websites (“Third Party Sites”). These hyperlinks do not indicate our endorsement or sponsorship of, or our affiliation with, Third Party Sites. Latitude News does not have control over, and is not responsible for, the content on Third Party Sites.
Other sites may link to this Site only through a plain-text link. We reserve the right to require termination of any link to this Site at any time.
8. Interactions with Third Parties
Your interactions with organizations or individuals found on or through the Site, including payment and delivery of goods and services and agreement to any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations or individuals. Please make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
9. Disclaimers of Warranties and Limitations of Liability
LATITUDE NEWS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY “LATITUDE NEWS PARTIES”) MAKE NO REPRESENTATIONS, EITHER EXPRESSLY OR BY IMPLICATION, REGARDING THE INFORMATION, PRODUCTS, SERVICES, AND MATERIAL PROVIDED ON THIS SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE, ADVERTISED, OR SOLD THROUGH THIS SITE. THIS SITE AND ALL INFORMATION, PRODUCTS, SERVICES, AND LINKS TO OTHER WEBSITES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RELIABILITY, ACCURACY, TITLE OR INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM. IN NO EVENT SHALL THE LATITUDE NEWS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE USE OF, OR INABILITY TO USE, ANY MATERIAL ON THIS WEB SITE, EVEN IF THE LATITUDE NEWS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LATITUDE NEWS PARTIES MAKE NO WARRANTIES AS TO UNINTERRUPTED SERVICE, ERROR-FREE SERVICE, OR LOSS OF TRANSMITTED INFORMATION. THE LATITUDE NEWS PARTIES DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL BE FREE FROM SECURITY BREACHES, OR THAT NO VIRUSES OR HARMFUL COMPONENTS WILL BE TRANSMITTED ON THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DATE DATA PROCESSING FAILURES, COMPUTER VIRUS, MECHANICAL FAILURES, COMMUNICATION LINE FAILURE, WEATHER, WALKOUT, FIRE, ACT OF GOD, RIOT, ARMED CONFLICT, ACT OF WAR, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU USE THIS SITE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY AND ARE NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. LATITUDE NEWS MAKES NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL EVENTS, LATITUDE NEWS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LATITUDE NEWS PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY, OR USEFULNESS OF ANY PORTION OF THE SITE.
THE LATITUDE NEWS PARTIES MAKE NO REPRESENTATIONS OR PROMISES TO DEVELOP, PROVIDE, OR MARKET ANY SOFTWARE, SERVICE, OR PRODUCT DISCUSSED ON THIS SITE, AND YOU SHALL NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY SOFTWARE, SERVICE, OR PRODUCT CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE.
IN NO EVENT WILL ANY MEMBER OF THE LATITUDE NEWS PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, NEGLIGENCE, LOST REVENUE, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO THE SITE. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF THE LATITUDE NEWS PARTIES IS LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS SITE OR ANY SITE INFORMATION, INCLUDING WITHOUT LIMITATION THE SITE CODE OR ANY OTHER INTERACTION WITH THE SITE, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LAW OR CAUSE OF ACTION.
By accessing the Site, you hereby agree to indemnify and hold harmless the Latitude News Parties and its affiliates and their respective directors, officers, employees, agents, and third party service providers, and to defend and hold each of them harmless from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, from your breach of these Terms, or from your use of and access to the Site.
11. Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Site or any Content provided on this Site, except in full compliance with all United States, foreign, and other applicable laws and regulations.
Latitude News does not accept unsolicited submissions of any kind from outside parties. Please do not send unsolicited creative material, creative suggestions, ideas, drawings, notes, concepts, or other information or materials (“Submissions”) to Latitude News via the Site or otherwise.
By providing a Submission you warrant that you are the owner of the Submission and you grant to Latitude News a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license, throughout the universe, in whole or in part, to reproduce, modify, distribute, adapt, publish, publicly perform, display, download, prepare derivative works , and incorporate in other works in any media now known or hereafter developed for any purpose whatsoever, including without limitation, internal use, public, commercial use, or otherwise. By making a Submission to Latitude News, you waive any and all so-called “moral rights” (droit moral) in the Submission which are now or may hereafter be recognized by custom, usage, or law. You further waive any and all rights to make any claim against Latitude News in connection with the Submission, including without limitation, actions for breach of contract (explicit or implied), breach of confidentiality or trade secret, intellectual property infringement, unfair competition
Latitude News may terminate the Terms or terminate access to the Site and Site services at any time, for any reason, with or without notice to you. By accessing the Site, you agree that Latitude News is not liable to you or any third party for the termination of this Agreement or access to the Site.
15. Legal Disclaimer
The Content of this Site contains information for the convenience of Site users. While we endeavor to maintain the Content of the Site in an accurate and up to date fashion, we make no guarantee or warranty as to the accuracy of the Content. All content is subject to change.
The Content is not offered, nor should be construed as, advice, including but not limited to investment or legal advice, or as a substitute for consultation with legal counsel or investment professionals.
These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to the any principles of conflicts of law rules. By accessing this Site, you agree that any litigation that arises out of, or is related to, these Terms will be filed only in the state or federal courts located in Massachusetts, and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigation.
If any provision of these Terms are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms, and will not affect the validity and enforceability of the remaining provisions.