1. Welcome to "LatitudeU."
This website ("Site") is owned and operated by LatitudeU, LLC, a Michigan limited liability company with offices at 1315 E. Michigan Ave., Suite 108, Saline, Michigan 48176 USA ("LatitudeU"). In this agreement, users of the Site are referred to as "Users" or "you," and Users who are also registrants of courses posted to the Site are referred to as "Registrants."
If you are under the age of 13 you should not post information about yourself on this Site without the permission of a parent or your legal guardian. LatitudeU does not knowingly or intentionally collect information from children under the age of 13 without parental consent. If you are under the age of 13 you may view the materials on this Site that are in the "public" sections, but if you wish to enter into any transactions on or through this Site or otherwise participate in areas of this Site which require you to enter personal information, please ask a parent or your legal guardian for assistance.
4. Creation of Account.
In order to access some features of the Site, you will have to create an account. The information you provide to secure an account must be accurate and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Please notify promptly LatitudeU of any breach of security or unauthorized use of your account. Should LatitudeU obtain information suggesting that information provided is untrue, inaccurate, not current or incomplete, or that you are using the Site in a manner inconsistent with these TOU, LatitudeU has the unilateral right to suspend or terminate your usage of the Site. Accounts are non-transferable and cannot be shared or used by more than one individual or entity.
5. License to Access and Use Site.
LatitudeU grants its Users a royalty-free license and right to access the functionality at the Site. The terms of this license may be revised by LatitudeU from time to time; notices of such revisions shall be posted to LatitudeU or sent by email to Userís address on file with LatitudeU. User agrees to maintain a current email address with LatitudeU. LatitudeU charges no fees for use of the Site. Regarding the Site, User agrees (a) not to use the Site to interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (b) not to attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means; (c) not to harass or interfere with another user's use and enjoyment of the Site; (d) not to use the Site for any illegal activity. User hereby indemnifies, holds harmless, and agrees to defend LatitudeU from any third party claims (including governmental actions) inconsistent with the foregoing representations and warranties, and to pay all damages, costs, fees (including attorneys' fees), fines, lost profits, and other financial consequences of such third party claim.
6. User Courses; Representations, Warranties, and Indemnification by Course Creator.
Users may create courses ("Courses"), promote and advertise their Courses, and post learning materials for use in connection with the Courses. LatitudeU will enable third parties to register for Courses via the Site. Fees paid by Registrants, and other terms relating to the use of the Course content, are set forth in Section 7, below. Specific instructions for the functions and features of the Site will be posted to the Site. The developer of the Course (or other third party) retains all intellectual property rights relating to the course and LatitudeU asserts no intellectual property rights in content not created by LatitudeU. The User offering the Course is legally responsible for compliance with all laws and for establishing the rights of Course registrants to use Course materials; provided, however, that if Course content happens to include a SCO that was also made publicly available in accordance with Section 5, above, then the rights of Course participants to use that SCO are governed by Section 5. Users creating and/or offering Courses via the Site represent and warrant (a) the user either owns all intellectual property rights in the Course, or the Course content is in the public domain, or the user has permission from any third parties to make available the Course and enable third party uses, (b) the posting and use of the Course does not violate any rights of any third party, including intellectual property, privacy, or contract; (c) content of the Course does not libel, defame, infringe, interfere with, or violate any third party rights; (d) the user has the necessary qualifications and experience to offer the Course and charge fees to third parties. User hereby indemnifies, holds harmless, and agrees to defend LatitudeU from any third party claims (including governmental actions) inconsistent with the foregoing representations and warranties, and to pay all damages, costs, fees (including attorneys' fees), fines, lost profits, and other financial consequences of such third party claim.
7. Fees for Certain Course Registrations; Duration of Right to Access.
Some courses posted to the Site are provided at no charge, and other courses are provided for a fee. Creators of the Courses, LatitudeU and Registrants for the paid courses agree as follows:
8. Covenant Not To Sue; General Release.
Users hereby release, forever discharge and agree not to sue LatitudeU, its members, shareholders, officers, directors, employees, agents, insurers, attorneys, affiliated companies, legal predecessors and successors, and assigns (collectively, "Releasees") from any and all claims, demands, damages, debts, liabilities, obligations (statutory, contractual or common law), costs, expenses, remedies, causes of action of every kind and nature whatsoever based upon or arising out of use of the Site. This general release is intended to be as broad as legally permissible under law.
You acknowledge that LatitudeU does not screen, edit or review content uploaded by Users or Courses provided by Users ("Submissions") in the normal course of its business prior to the appearance of those Submissions on the Site. To the fullest extent permitted by applicable law, LatitudeU disclaims all responsibility and liability for Submissions and for any losses, damages, or expenses resulting from their use and/or appearance on the Site. Notwithstanding the foregoing, LatitudeU reserves the right to monitor all Submissions, and to remove without prior notice and without liability, any Submissions that it considers, in its sole discretion, to be offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these TOU. If you discover Submissions on the Site that are offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these TOU you may provide LatitudeU with notice of such Submissions via email to "firstname.lastname@example.org." LatitudeU may elect to terminate a User's access to the Site for any reasons.
LatitudeU has the right to use all data collected relating to use of the Site, subject to its privacy policies.
11. Marks and Logos.
"LatitudeU", "LatitudeU.com", "Teach the World," and "Charting a New Course in Learning" and all other names, marks, symbols and logos used in connection with the Site are trademarks of LatitudeU or other third parties (the "Marks"). LatitudeU grants Users no license, permission or authorization to reproduce or use any Marks, whether owned by LatitudeU or a third party. You agree not to display, copy, redistribute or use any Marks in any manner for any reason without LatitudeU's prior express written consent.
12. Third Party Links and Advertising of Products and Services.
LatitudeU is not necessarily affiliated with, nor does LatitudeU necessarily endorse or sponsor, any sites on the Internet that are linked through or to the Site or products and services advertised at the Site. In no event shall LatitudeU be responsible or liable for any information, content, products, services or other materials on or available from or through such sites. LatitudeU explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site or products or services provided by third parties. LatitudeU does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against LatitudeU with respect to such sites and third party content. LatitudeU strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
13. ACKNOWLEDGEMENTS AND DISCLAIMER OF WARRANTY.
YOU ACKNOWLEDGE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND LATITUDEU HAS NO DUTY TO UPDATE SUCH MATERIALS OR SERVICES. LATITUDEU ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM LATITUDEU, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY REPRESENTATION OR WARRANTY BY LATITUDEU. THE SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. WITHOUT LIMITING THE FOREGOING, NEITHER LATITUDEU, ITS LICENSORS NOR ANY CONTENT PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA.
ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LATITUDEU, ITS LICENSORS AND CONTENT PROVIDERS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
15. LIMITATION OF LIABILITY AND ACTIONS.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL LATITUDEU, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 USD). ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST LATITUDEU.
LatitudeU controls and operates the Site from its location(s) in the United States of America. LatitudeU makes no representation that the Site is appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are expressly prohibited from using or accessing the Site from any location in which the Site and/or any software, SCO, Courses, and/or services would violate any law within of that jurisdiction. Users must comply with any applicable export laws. Users specifically agree that no content from the Site may be exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
17. Term and Termination.
These TOU, and your right to access and use the Site, are effective until terminated by either you or LatitudeU. You may terminate these TOU at any time by discontinuing use of the Site. These TOU, and your access to and/or use of the Site, may be terminated by LatitudeU immediately without notice to you if in LatitudeU's sole discretion you fail to comply with any term or provision of these TOU. All provisions of these TOU relating to ownership, limitations of liability, confidentiality, indemnification and other provisions which by their nature survive termination of these TOU shall survive termination of these TOU.
18. Michigan Law, Jurisdiction, and Forum for Dispute Resolution.
In order to ensure consistency in the interpretation and enforcement of these TOU and LatitudeU's rights in the Site, these TOU will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The sole language for communications and legal or administrative proceedings shall be English. You expressly agree that any litigation arising between you and LatitudeU related, in any way, to the Site and/or these TOU, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or the Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
19. Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following LatitudeU Designated Agent:
To be effective, the notification must be a written communication that includes the following:
LatitudeU may give notice to LatitudeU's Users by means of a general notice on this Site, electronic mail to a user's e-mail address on LatitudeU's records, or by written communication sent by first-class mail to a user's address on LatitudeU's records.
If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect.
The failure of LatitudeU to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LatitudeU in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these TOU.
The relationship between you and LatitudeU is that of independent contract. No joint venture, partnership, employment, or agency relationship exists between you and LatitudeU as a result of these TOU or your access to the Site. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.