Last updated: July 8, 2008
NOTE TO PERSONS UNDER 18 YEARS OF AGE: THE LATTISS SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use the Lattiss Service. By registering for the Lattiss Service, you represent and warrant that are you at least 13 years of age. In addition, Business Users must be at least 18 years of age. If you are a Business User, or are registering on behalf of a Business User, you represent and warrant that you are at least 18 years of age.
2. HIPPA Compliance.
If you are a Business User that is a covered entity under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Lattiss HIPAA Business Associate Addendum is hereby incorporated into these Terms by reference.
3. Individual Features and Services.
When using the Lattiss Service, you will be subject to any additional posted guidelines or rules applicable to specific services, offers and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
4. Modification of the Terms.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. We will notify you of material changes to these Terms via e-mail sent to the e-mail address associated with your account. Your continued use of the Lattiss Service after notice of changes is sent by Lattiss constitutes your binding acceptance of such changes.
5. Ownership; Proprietary Rights.
The Lattiss Service is owned and operated by Lattiss, Inc. ("Lattiss"). The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Lattiss Service that are provided by Lattiss ("Lattiss Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, Lattiss Materials do not include User Submissions or any other content owned by and submitted by Lattiss Users to the Lattiss Service. All Lattiss Materials contained on the Lattiss Service are the copyrighted property of Lattiss or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Lattiss or its affiliates and/or third-party licensors. Except as expressly authorized by Lattiss, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Lattiss Materials.
6. Services Made Available Through the Lattiss Service.
Business Users can use the Lattiss Service to create web pages describing their products and services and allow End Users to book appointments for services (the "Storefront"). None of the services available for booking on the Lattiss Service are offered by Lattiss, and you acknowledge and agree that Lattiss shall bear no liability with respect to such services or any other products or services offered by Business Users. Lattiss does not, and is under no obligation to, monitor or control the quality, reliability, safety or legal compliance of any services available for booking through the Lattiss Service. In addition, Lattiss does not, and is no under no obligation to, monitor or control the accuracy or truthfulness of any data or information a Business User may make available on its Storefront. As between Lattiss and each End User, all products and services provided by Business Users are provided AS-IS and with all faults. All transactions an End User and Business User may enter into with each other in connection with a booking made through the Lattiss Service are solely at the risk of such End User and Business User. Each User hereby agrees to indemnify and hold Lattiss harmless from and against any claim, demand, suit, proceeding, liability, damage, loss, cost or expense arising out of or relating to any booking made using the Lattiss Service, any product or service offered by a Business User, and any dealings between such User and any other User.
7. Business Advertising.
If a Business User opts-in to Lattiss' search engine advertising program through the user interface of the Lattiss Service, Lattiss may, at its option, choose to advertise such Business User's Storefront through search engine keyword advertising. All decisions relating to such advertising are at the sole discretion of Lattiss. Opting in to the program does not guarantee that Lattiss will advertise your business and does not guarantee that your Storefront will experience increased traffic or that your business will experience increased sales. Business Users may opt out of such program at any time through the user interface of the Lattiss Service.
Business Users shall pay all fees in accordance with the fees and billing terms in effect at the time a fee is due or payable, as posted within the Lattiss Service. All payment obligations are non-cancelable and all payments are non-refundable. Fees will continue to accrue so long as you are registered for a Lattiss account with which fees are associated, regardless of whether you use the Lattiss Service. Lattiss will either automatically charge your credit card or send you an invoice for fees as they become due and payable, as selected by you within the user interface of the Lattiss Service. All payments are due in US dollars. If you believe your invoice or charge is incorrect, you must contact Lattiss in writing within sixty (60) days of the invoice or charge in order to be eligible to receive and adjustment or credit. Lattiss reserves the right to suspend your Lattiss account and Storefront if your account is delinquent. Lattiss reserves the right to charge interest of one percent (1%) per month on any outstanding balance, or the maximum rate permitted by law, whichever is less, in addition to all expenses incurred in collection. Lattiss reserves the right to modify its fees and charge new fees at any time upon thirty (30) days prior notice. Such notice will be deemed received by you when e-mailed by Lattiss to the e-mail address provided during the registration process. Lattiss does not charge any fees to End Users for use of the Lattiss Service.
9. User Submissions.
- 9.1 The Lattiss Service permits Business
Users to submit photos, graphics, and may in the future permit the
posting of audio and video recordings or other content by Users
("User Submissions"), and the hosting, sharing, and/or publishing of
such User Submissions. Lattiss makes no representations or
warranties regarding the confidentiality of User Submissions. For
clarity, any information
Lattiss shall use reasonable means to maintain the confidentiality of the information described in the foregoing sentence, and will comply with the HIPAA Business Associate Addendum to the extent such information constitutes Protected Health Information (as such term is defined by HIPAA).
- (i) sent to a Business User by an End User via the Lattiss Service as part of booking an appointment or
- (ii) appended by a Business User to a calendar entry for an End User booking within the Lattiss Service is not a User Submission.
- 9.2 You shall be solely responsible for
your own User Submissions and the consequences of posting or
publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that:
- (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Lattiss to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Lattiss and these Terms, and
- (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Lattiss and these Terms.
- 9.3 You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Lattiss, you hereby grant Lattiss a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, sell, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Lattiss Service and Lattiss's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Lattiss Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to each user of the Lattiss Service a non-exclusive license to access your User Submissions through the Lattiss Service, as permitted by the functionality of the Lattiss Service.
- 9.4 In connection with User Submissions,
you further agree that you will not:
Lattiss does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Lattiss expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to these Terms, Lattiss may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. Additionally, Lattiss may, at any time, remove any User Submission that in the sole judgment of Lattiss violates this Agreement.
- (i) submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Lattiss all of the license rights granted herein;
- (ii) publish falsehoods or misrepresentations that could damage Lattiss or any third party;
- (iii) submit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- (iv) post advertisements or solicitations of business; or
- (v) impersonate another person.
- 9.5 You understand that when using the Lattiss Service you will be exposed to User Submissions from a variety of sources, and that Lattiss is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lattiss with respect thereto, and agree to indemnify and hold Lattiss, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Lattiss Service.
- 9.6 Lattiss does not control the content posted by Users and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you submit on the Lattiss Service. If at any time, Lattiss chooses, in its sole discretion, to monitor the content, Lattiss nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
10. Prohibited Uses.
- 10.1 As a condition of your use of the Lattiss Service, you will not use the Lattiss Service for any purpose that is unlawful or prohibited by these Terms. Access to the Lattiss Materials and the Lattiss Service from territories where their contents are illegal is strictly prohibited. Lattiss Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
- 10.2 Any use by User of any of the Lattiss Materials other than as expressly authorized by Lattiss in writing is strictly prohibited.
- 10.3 You may not use the Lattiss Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use of the Lattiss Service. You may not intentionally interfere with or damage the operation of the Lattiss Service or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Lattiss Service, features that prevent or restrict the use or copying of any content accessible through the Lattiss Service, or features that enforce limitations on the use of the Lattiss Service. You may not attempt to gain unauthorized access to the Lattiss Service, or any part of it, other accounts, computer systems or networks connected to the Lattiss Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Lattiss Service or any activities conducted on the Lattiss Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Lattiss Service. You agree neither to modify the Lattiss Service in any manner or form, nor to use modified versions of the Lattiss Service, including (without limitation) for the purpose of obtaining unauthorized access to the Lattiss Service.
- 10.4 The Lattiss Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Lattiss Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Lattiss Service.
- 10.5 You may not utilize framing techniques to enclose any trademark, logo, or other Lattiss Materials without our express written consent, except that Business Users may frame their Storefront within their business' web site. You may not use any meta tags or any other "hidden text" utilizing Lattiss's name or trademarks without our express written consent.
- 10.6 You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
11. Account Information.
You agree that the information you provide to Lattiss upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password, you will immediately notify Lattiss. You may be liable for the losses incurred by Lattiss or others due to any unauthorized use of your account.
13. User Communications.
Under these Terms, you consent to receive communications from Lattiss electronically. We will communicate with you by email or by posting notices on the Lattiss Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. User Service; Feedback.
Please visit our Contact Us information page for further assistance.
15. Availability of Service.
Lattiss reserves the right to discontinue, suspend or modify any aspect of the Lattiss Service at any time and without notice.
Except as explicitly stated otherwise, legal notices shall be served on Lattiss' national registered agent or to the email address you provide to Lattiss during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
17. Violations; Termination.
You agree that Lattiss, in its sole discretion and for any or no reason, may terminate any User Account (or any part thereof) you may have at the Lattiss Service or your use of the Lattiss Service, and remove and discard all or any part of your account or any User Submission, at any time. Lattiss may also in its sole discretion and at any time discontinue providing access to the Lattiss Service, or any part thereof, with or without notice. You agree that any termination of your access to the Lattiss Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Lattiss shall not be liable to you or any third-party for any such termination. Lattiss does not permit copyright infringing activities on the Lattiss Service, and reserves the right to terminate access to the Lattiss Service, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Lattiss Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Lattiss may have at law or in equity.
18. Disclaimers; No Warranties.
THE LATTISS SERVICE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LATTISS SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LATTISS, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LATTISS, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE LATTISS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LATTISS SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LATTISS, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LATTISS SERVICE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE LATTISS SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
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 MIGHT HAVE ADDITIONAL RIGHTS.
19. Indemnification; Hold Harmless.
You agree to indemnify and hold Lattiss, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Lattiss Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Lattiss reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
20. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LATTISS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE LATTISS MATERIALS ON THE LATTIS SERVICE, THE LATTISS SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH LATTISS, EVEN IF LATTISS OR A LATTISS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LATTISS' LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL LATTISS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LATTISS SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO LATTISS DURING THE SIX MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE AND (B) ONE HUNDRED DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN LATTISS (INCLUDING A BUSINESS USER) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE LATTISS SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE LATTISS SERVICE.
21. Digital Millennium Copyright Act Compliance.
If you are a copyright owner or an agent thereof, and believe that any User Submission or other content hosted on the Lattiss Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Lattiss Service are covered by a single notification, a representative list of such works from the Lattiss Service;
- (iii) Identification of the material that is claimed to be infringing 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 Lattiss to locate the material;
- (iv) Information reasonably sufficient to permit Lattiss to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- (v) 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
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Lattiss's designated Copyright Agent to receive notifications of claimed infringement is:
Jennie Lee Lattiss, Inc. 3561 Homestead Road, Suite 513 Santa Clara, CA 95051 E-mail: moc.ssittal@einnej Telephone: 866.753.5778
For clarity, only DMCA notices should go to the Lattiss Copyright Agent; any other feedback, comments, requests for technical support, or other communications should be directed to Lattiss customer service at moc.ssittal@yriuqni. You acknowledge that if you fail to comply with all of the requirements of this Section 19 your DMCA notice may not be valid.
22.1 Governing Law.These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
22.2 Jurisdiction.You agree that any action at law or in equity arising out of or relating to these Terms or the Lattiss Service shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
22.3 Waiver.A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
22.4 Severability.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.
22.5 Assignment.The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lattiss without restriction.
22.6 Survival.Sections 1-6, 8, 9.2-9.6 and 10-22 will survive any termination of these Terms, as shall any accrued payment obligations.
22.7 Headings.The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
22.8 Entire Agreement.This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Lattiss as set forth in Section 3 above.
22.9 Claims.EXCEPT AS MAY BE PROIBITED BY LAW, YOU AND LATTISS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LATTISS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
22.10 Disclosures.The services hereunder are offered by Lattiss, Inc., located at 3562 Homestead Road, Suite 513, Santa Clara CA 95051, email: moc.ssittal@yriuqni, telephone: 866.753.5778. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.