Latitude 45 Terms & Conditions
The following Terms govern the use of the latitude45.com web site (the “Web Site”) and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.
Unless the context indicates otherwise, as used in these Terms, (i) “Latitude 45,” “us,” “we,” and “our” refer to Latitude 45 Cycle & Sport, LLC, a Michigan limited liability company, and its subsidiaries, affiliates, successors and assigns, and (ii) “content” refers to any or all text, documents, photographs, images, images, illustrations, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information.
This Web Site is intended for use by adult users. The rental services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the bike rental services are not available to persons who are under the age of 18 or are temporarily or indefinitely suspended from this Web Site. Persons under the age requirement are permitted only to browse the pages of this Web Site that are accessible without registration, but they may not register as users or use the services. Web Site user accounts, user IDs and passwords are personal to each user and may not be transferred, sold to or used by any other person. Without limiting the foregoing, parents and guardians may not register on behalf of their children or permit children to use their accounts. Any rental on behalf of a child must be effected by the child’s parent or guardian. By registering, you certify that you are at least 18 years of age. If you are registering as a business entity, the person who completes the registration represents that he or she has the authority to bind the entity to these Terms.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All content on this Web Site is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Latitude 45 or its affiliates, or by third party content providers, merchants, sponsors and licencors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Latitude 45. Content on this Web Site or any other site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Latitude 45 or the Providers. You may request consent by emailing email@example.com. Without the prior written consent of Latitude 45 or the Providers, your modification of the content, use of the content on any other site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Web Site and/or the Provider and is prohibited. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. Latitude 45 retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep-link or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of Latitude 45.
This Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Site is not under Latitude 45’s control, and Latitude 45 is not responsible for, and does not endorse, such content, whether or not Latitude 45 is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Latitude 45, or its affiliates or Providers unless given express written permission by the owner.
FORUMS AND PUBLIC COMMUNICATION
This Web Site may enable users to submit their own content to a chat area, message board, web log, or other forum (“forum”). Any forum on this Web Site is a free service to enable you to share comments about products and services available on our Web Site or to share information about topics of interest with other end users. If you participate in a forum within the Web Site, any information you disclose in such a submission will be publicly available, so you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information there. By uploading or submitting any materials to a forum, you acknowledge and agree that the materials are not confidential or trade secret, and you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, display and distribute such materials or incorporate such materials into any forum now known or later developed. Latitude 45 cannot prevent other persons who access this Site from using submissions and personal information they find here, even if their use of that information violates the law, or your personal privacy and safety.
When participating in a forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with those whom they say they are affiliated. Information obtained in a forum may not be reliable, and it is not a good idea to make travel decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information posted by third parties and shall not be responsible for any decisions made based on such information.
While we appreciate your time and comments, we require that you refrain from including the following in your posts: (i) profanity, obscenities, hateful, threatening or harassing comments or images; (ii) discussion of illegal activities or intent; (iii) solicitations for commercial activities or other statements that do not generally relate to the designated topic of the forum; (iv) personally identifiable information such as phone numbers, addresses or URLs; (v) any information that violates any right of a third party or any law; and (vi) any software or other materials that contain a virus or other harmful component. We are not responsible for moderating any forum or screening any content; however, we reserve the right to edit or remove content from any forum at any time and for any reason.
FEES AND PAYMENT
There is no fee for visiting the Web Site, using any forums, or reviewing listings of items for sale or rent. If you decide to rent a bicycle or other equipment, you will be required to register online, provide a valid credit card, and pay Latitude 45 a rental reservation deposit fee, as described on the pages of this Web Site. The balance of the reservation fee shall be payable directly to the bike shop on the day of rental. You hereby agree to pay all applicable fees in connection with the services you select. You also hereby authorize Latitude 45 to automatically charge your credit card account for any and all fees incurred by you or anyone using your login ID and password in renting bicycles or other equipment, without the need to provide any further notice to you of the fees so incurred. We reserve the right to change our price list and fees and to institute new charges at any time. Your use of the Web Site following such changes constitutes your acceptance of any new or increased charges. You acknowledge that all payments for services offered by Latitude 45 are managed by an online payment platform. When you wish to reserve a bicycle or other equipment, you must enter your credit card information on the Web Site. Latitude 45 then passes it along to the processor for payment. You agree that Latitude 45 shall not be liable in the event of error, fraud, identity theft, or other problems with credit card processing or online payment processing.
DISCLAIMER OF WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. OTHER THAN THOSE WARRANTIES, WHICH UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, LATITUDE 45 DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither Latitude 45, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this Web Site warrant that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. The content that you access on this Web Site is provided solely for your convenience and information only. Latitude 45 does not warrant or make any representations regarding the results that may be obtained from the use of this Web Site, or as to the reliability, accuracy or currency or currency of any information content, service and/or merchandise acquired pursuant to your use of this Web Site.
LIMITATION OF LIABILITY
You expressly agree that use of this Web Site and participation in any activities described herein are at your sole risk. YOU EXPRESSLY AGREE THAT NEITHER LATITUDE 45, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. By way of example, and without limiting the generality of the foregoing, Latitude 45 and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this Web Site. You expressly acknowledge and agree that Latitude 45 is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Latitude 45’s liability is limited to the greatest extent permitted by law.
Latitude 45 assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Web Site; (iii) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) interruption or cessation of transmission to or from the Web Site; or (v) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Web Site.
Notwithstanding any provision of these Terms to the contrary, your sole and exclusive remedy for any liability relating to or arising out of these Terms or your use of the Web Site, regardless of the form in which any legal or equitable action may be brought, shall be to terminate these Terms and discontinue your use of the Web Site.
Requests for refunds must be made in writing no later than 30 days after the rental reservation start date. All refunds are also subject to Latitude 45’s cancellation policy.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Latitude 45 has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
EXCLUSIONS AND LIMITATIONS
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 may not apply to you.
You agree to indemnify, defend, and hold harmless Latitude 45 and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of Latitude 45 and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by Latitude 45 from its offices in Michigan. Those who choose to access this Web Site from locations outside the United States and Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of Michigan, as they are applied to agreements entered into and to be performed entirely within Michigian. Subject to the following paragraph on arbitration, any action you, any third party or Latitude 45, brings in a court of law or equity in connection with any matters related to this Web Site, shall be brought only in either the United States 90th District Court, Emmet County or the 57th Circuit Court of Emmet County, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
NOTICE OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
We abide by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to content residing on the Web Site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
To file a notice of infringing material on the Web Site, please provide a notification containing the following: (i) reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); (ii) reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); (iii) your contact information so that we can contact you (for example, your address, telephone number, email address); (iv) a statement that you have a good faith belief that the use of the material identified in (ii) is not authorized by the copyright owner, its agent, or the law; (v) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and (vi) your physical or electronic signature.
Then send this notice to:
476 W Mitchell
Petoskey, MI 49770
By eMail: firstname.lastname@example.org
For additional information regarding this procedure, please reference 17 USC 512.
LEGAL NOTICE FOR CANADIAN RESIDENTS
This Agreement has been written in English, and you waive any right you may have under any laws to have this Agreement written in any other language. You represent that you have the ability to read and write in English and you have read and understood this Agreement. If this Agreement is translated into a language other than English, the English version and interpretation shall govern and prevail. All communications between the parties hereunder shall be in English. Il est de la volonte expresse des parties que le present contrat et tous les documents qui s’y rattachent soient rediges en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du francais.
LEGAL NOTICES FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, residents in the State of California in the United States are entitled to the following specific consumer rights information:
Pricing Information. Current rates for our rental services may be obtained by calling Latitude 45 Cycle & Sport, LLC at (231) 348-5342 or writing to us at 476 W Mitchell, Petoskey, MI 49770. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees, or to institute new fees at any time as provided in these Terms.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LATITUDE 45 CYCLE & SPORT, LLC.