Please read the following Terms and Conditions carefully before using this Web site.
Latis may from time to time change the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site. Latis may also change, move, or delete portions of, or may add to, our Site from time to time.
COPYRIGHT AND TRADEMARK NOTICE
This Site and the entire contents of this Site, including but not limited to, text, photographs, graphics, illustrations, software, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright or trademark laws and are the property of Latis, its suppliers or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of Latis, its suppliers, or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, or otherwise using any Content or any Marks in any form or by any means without the express written permission of Latis is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site.
You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, mirror, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
You may not copy or use the materials for others, or mirror any portion of the Site on your Web site. COPYING OR REPRODUCTION OF THE MATERIALS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY AN END USER LICENSE AGREEMENT ACCOMPANYING SUCH MATERIAL. If the material is machine-readable software, then you may use the software only in machine-readable form and you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software, except as expressly permitted by the law in effect in the jurisdiction in which you are located.
U.S. Government Restricted Rights
Export Control Laws
Software available on this Site is subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders. This list is subject to change, and you must comply with the list as it exists in fact.
By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, "Comments"). You grant Latis and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights. You acknowledge and agree that (i) Latis is not obligated to keep the Comments confidential, (ii) Latis is not obligated to compensate you or anyone else for your Comments, (iii) Latis shall solely own all right, title and interest in and to the Comments, (iv) Latis shall not be limited in any way in its use of any Comments and (v) you are solely responsible for any Comments you make.
To simplify access to materials on the Site, you may choose to register an account with Latis. As a condition of your registration, you agree to provide Latis with current, complete, and accurate information as requested by the registration form and to maintain and promptly update your information to maintain its accuracy. If the information you provide is inaccurate or out-of-date, or if Latis has any reason to question the validity of such information, Latis has the right to suspend and terminate your registration. You are entirely responsible for the confidentiality of your account and password.
Further, you are entirely responsible for any and all activities that occur under your account. You agree to notify Latis immediately of any unauthorized use of your account or any other breach of security. You are also responsible for properly exiting from the Site at the end of each visit. Latis is not and will not be liable for any losses that you may incur as a result of another person's use of your account and password, either with or without your knowledge. Furthermore, you could be held liable for any losses incurred by Latis or another party due to another person's use of your account and password. At no time with or without permission may you use another person's account.
SUBMISSION AND USE OF USER CONTENT
You acknowledge and agree that you are solely responsible for (i) the content that you submit to the Site, including, but not limited to, its legality, reliability, appropriateness, and originality and (ii) the consequences of submitting any such content.
You grant Latis and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display the content you submit to the Site (in whole or in part) and/or to incorporate such content in other works in any form, media, or technology now known or later developed. You also grant each user of the Site the right to access, display, view, store, and reproduce such content for personal use. You represent and warrant to Latis that you have the right to grant the licenses stated above.
Any use by you of any other user's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Site is to be used by you for your personal use only. Commercial uses of the Site are strictly prohibited unless prior written consent from Latis has been granted. You agree that you will not use the Site for chain letters, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
You represent and warrant to Latis that nothing submitted by you to the Site shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule, or regulation, (iii) infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. Latis reserves the right to delete any such material from the Site.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Latis. You further agree not to use an inappropriate member name of any kind.
You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through this Site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution. If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to Latis' copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Site; (iv) your telephone number, address and e-mail address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Latis' agent for notice of claims of copyright infringement on the Site is:
Latis Networks, Inc.
c/o Larry Middle
100 Superior Plaza Way
Superior, CO 80027
By phone: 303-381-3822
By email: email@example.com
Upon receipt by Latis of notice of claimed copyright infringement containing the information specified above, Latis will promptly remove the allegedly infringing material from the Site. Latis shall have no liability to any user of the Site for the removal of any such material.
You are using this Site at your own risk. Latis does not provide, nor is obligated to provide support for materials downloaded from the Site.
This Site may contain links to other web sites ("Linked Sites"). Latis does not operate or control any information, products, or services on the Linked Sites, and neither endorses nor approves any products, services, or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk. Latis may also provide access to certain discussion groups through this Site as a service to you. Discussion groups, by their nature, may contain offensive, harmful, deceptive, misleading, inaccurate, or otherwise inappropriate material, and you acknowledge and agree that Latis shall not have any responsibility or liability for the content of any discussion group, or articles contained therein, that may be accessed through this Site.
THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LATIS EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. LATIS DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. LATIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE, AND LATIS SHALL NOT BE DEEMED TO BE A PARTY, DIRECTLY OR INDIRECTLY, TO ANY SUCH TRANSACTION. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT LATIS AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
You agree to defend, indemnify and hold Latis harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, attorneys' fees) arising from or related to your (i) use of the Site, (ii) violation of any of these Terms or (iii) breach of the representations and warranties set forth above.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LATIS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF LATIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you will not use any materials contained herein for any purpose that is unlawful or prohibited by these terms, conditions, and notices or by applicable law. You may not use this Site or its contents in any manner that could damage, disparage, or otherwise negatively impact Latis; this includes prohibited use by any competitors to Latis which may include download of whitepapers, products, or content for competitive purposes. Further, you may not use this Site or its contents to damage, disable, or otherwise negatively impact any Latis server(s) or the networks connected to any Latis servers, or interfere with any other party's use of this Site or its associated materials.
You may not hack, password mine, or otherwise use malicious techniques to gain unauthorized entry to any services, accounts, computer systems, or networks connected to any Latis servers.
In the event that Latis determines, in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, Latis may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Latis deems to be appropriate.
These Terms are effective unless and until terminated by Latis. Latis may terminate all or part of its Site at any time without notice to you. Upon any termination of these Terms or the Site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
LAW THAT GOVERNS THIS SITE
These Terms are governed by and shall be construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law. You agree to bring any claims arising under these Terms exclusively in the federal or state courts located in Denver, Colorado. 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 or enforceability of any remaining provisions.
These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof.