Welcome to the Latitude Run® website! We’re excited to have you visit and shop with us. Before you use our site and make purchases, please read these Terms & Conditions carefully.
Introduction
These Terms & Conditions (“Terms”) are a legal agreement between you and Latitude Run® (“Latitude Run”, “we”, “us”, or “our”) regarding your use of this website (the “Site”) and any related mobile applications (together with the Site, the “Platform”), your placement of orders for products or services through the Platform (collectively, “Products”) and your use of any other services provided by Latitude Run (collectively “Services”).
By accessing or using the Platform, registering for an account with us, or otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms and all policies and guidelines incorporated herein. If you do not agree to these Terms, you may not access or use the Platform.
These Terms contain a mandatory arbitration provision and class action waiver that affect your legal rights. Please read the Dispute Resolution section carefully.
If you are under 18 years of age, you may only use the Platform with the consent and under the supervision of your parent or legal guardian.
We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Site. We will make reasonable efforts to notify you of any significant changes to these Terms, such as through a pop-up on the Site or via email. Your continued access or use of the Platform shall constitute your acceptance of the modified Terms. If you do not agree to any modifications, your sole recourse is to stop accessing and using the Platform.
Accounts and Registration
You must be at least 18 years of age to register for an account with Latitude Run. By registering for an account, you agree to provide truthful and accurate information about yourself, and to keep such information updated.
You are solely responsible for maintaining the confidentiality of your account credentials, and you are solely liable for any activities that occur under your account. Latitude Run will not be liable for any losses caused by any unauthorized use of your account. If you suspect unauthorized use, you must immediately notify Latitude Run and change your password.
You agree not to register for more than one account, register for an account on behalf of someone other than yourself, impersonate any other person or entity, or use a false identity. Latitude Run reserves the right to refuse service to, or terminate accounts of, any users who violate these Terms or applicable laws.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose your personal information. You acknowledge and agree that your use of the Platform is subject to our Privacy Policy.
Platform Terms of Use
You may only access and use the Platform for legitimate purposes. You agree not to use the Platform:
- In any way that violates these Terms or applicable laws.
- To engage in abusive, unlawful, fraudulent or harmful conduct.
- To damage, disable, overburden or impair the Platform.
- To resell or redistribute any Products or Services from Latitude Run.
- To engage in any web scraping, data harvesting, data mining, catalog scraping, or any activity meant to extract or compile our content for reuse or resale.
You are solely responsible for all content or information you upload, post or otherwise make available via the Platform. You represent and warrant that you have all rights necessary to upload or post such content, and that such content will comply with our Acceptable Use Policy outlined below.
We reserve the right to suspend or prohibit your access to the Platform if you engage in any conduct that we determine violates these Terms or our policies, or is otherwise unlawful or harmful. Where reasonably possible, we will attempt to notify you of any such suspension. However, we have no obligation to provide such notice before suspending your access, and we may do so immediately without notice. If your access is suspended, you may not continue to access or use the Platform under a different account or identity.
Acceptable Use Policy
You agree not to upload, post or otherwise make available via the Platform any content or engage in any conduct that:
- Infringes or violates the intellectual property rights, privacy rights or other rights of Latitude Run or any third party.
- Violates any applicable laws or regulations.
- Is abusive, harassing, harmful, racist, hateful, violent, obscene, defamatory, sexually explicit or otherwise objectionable or inappropriate.
- Contains viruses, corrupted files or any other content that may damage or adversely affect the operation of the Platform.
- Misrepresents your identity, status or any affiliations with any person or entity.
- Falsely states facts or misrepresents the origin of any content.
- Impersonates any other person or otherwise misrepresents your affiliation with a person or entity.
We reserve the right, but not the obligation, to review, monitor, restrict access to or remove any content from the Platform at our sole discretion.
Purchasing Products and Services
To make purchases on this Platform, you must register for an account. You represent and warrant that all information provided during the registration process and when placing orders is current and accurate.
All stated prices and availability of Products and Services are subject to change at any time prior to purchase. Latitude Run cannot confirm the price or availability of any Product or Service until you place an order and receive an order confirmation.
You agree to pay all charges incurred under your account at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes relating to your purchases.
We reserve the right to refuse or cancel any orders. Some situations that may result in your order being canceled include inaccurate or incomplete information, unauthorized use of your account, or other unforeseen circumstances outside of our control.
You will receive an order confirmation once your order has shipped, at which point your method of payment will be charged. For some Products or Services, we may authorize a temporary charge to confirm your method of payment. If your order is cancelled for any reason after your payment method has been charged, Latitude Run will issue a refund to you in the amount of the charge.
Return/Refund Policy
If you are dissatisfied with your purchase, you may be eligible for a refund. The eligibility requirements and procedures for obtaining a refund are outlined in our Return/Refund Policy.
When you receive a refund, any shipping charges associated with the order are non-refundable. You are responsible for all costs associated with returning Products to Latitude Run.
Custom, engraved/imprinted and/or assembled Products are final sale and are not eligible for return or refund.
Shipping Policy
We will arrange for shipment of Products to you. Shipping costs will be calculated and charged based on your location, carrier rates and other factors. Any shipping cost shown during the checkout process is an estimate only; actual shipping costs will be charged at time of shipment.
You assume all risk of loss or damage for Products once they are delivered to you. Title passes at the time and place of delivery. If Products are damaged during shipment, please refuse delivery and contact Latitude Run immediately so that we can arrange to file a claim with the carrier and provide a replacement shipment.
Shipping dates are estimates only; we cannot guarantee a ship date until an order has been confirmed. We ship orders Monday through Friday, excluding holidays. Delivery delays can occur during periods of high order volume or due to circumstances outside of our control.
Latitude Run may, in its sole discretion, determine that an item is too heavy, bulky or fragile to ship, in which case Latitude Run will contact you to arrange an alternate form of delivery. You are responsible for all costs associated with alternate delivery arrangements.
Usage Data
Latitude Run may collect certain information about your use of the Platform, including your search/browsing activities, order history, referring urls and other usage metrics (“Usage Data”). This Usage Data helps us to better understand and serve our users.
You agree that Latitude Run may collect and use Usage Data as reasonably required to provide, maintain and improve the Platform and associated services. We may also aggregate Usage Data from multiple users or devices to help us understand how our services are being used. Aggregated data will not identify you personally.
Intellectual Property
The Platform, Products, Services and all related content are the sole property of Latitude Run and its affiliates. You may not use our trademarks, logos, domain names, or other brand features without our express prior written consent.
Any comments, feedback, suggestions or ideas (“Feedback”) you provide relating to Latitude Run is entirely voluntary, and becomes our exclusive property. We reserve the unrestricted right to use Feedback for any purpose without compensation to you and without any obligation to keep such Feedback confidential. Do not provide any Feedback to Latitude Run that you consider confidential or proprietary.
Disclaimer of Warranties
You expressly understand and agree that your access and use of the Platform is at your sole risk. The services are provided “as is” and “as available” without warranty of any kind, expressed or implied.
Latitude Run and its affiliates expressly disclaim all warranties of any kind, whether express or implied, related to the Platform, Products, Services and your access and use thereof, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Latitude Run makes no warranty that:
- The services will meet your requirements.
- The services will be available on an uninterrupted, secure or error-free basis.
- The accuracy, completeness or timeliness of any content obtained through the services.
Any content downloaded from or otherwise obtained through your use of the Platform is accessed at your own risk, and Latitude Run will not be liable for any damage to or loss of data that results from such download.
You bear sole responsibility for adequate security protection and backup of your data and equipment used in connection with the Platform.
Limitation of Liability
Latitude Run and its affiliates will not be liable for any indirect, incidental, special, punitive or consequential damages arising from or relating to your access or use of, or inability to access or use, the services. This includes damages for loss of profits, goodwill, data or other intangible assets, damage to equipment, cost of substitute services, or other pecuniary loss even if Latitude Run has been advised of such damages.
Under no circumstances will Latitude Run’s total aggregate liability to you exceed the price paid for the specific products or services giving rise to the claim. You agree this limitation of liability is reasonable given that Latitude Run has no control over how you access and use the Platform.
Some jurisdictions do not allow limitations on certain implied warranties or exclusions/limitations of certain damages. If these laws apply to you, some or all of the above warranty disclaimers, exclusions or limitations may not apply and you may have additional rights.
Indemnification
You agree to fully indemnify and hold harmless Latitude Run and its officers, directors, employees and agents from any claims, damages, liabilities, costs and expenses arising from your use of the Platform, violation of these Terms or infringement of any intellectual property rights. Latitude Run reserves the right, at our expense, to assume exclusive defense and control over any such claims and require you to cooperate fully. You may not settle any claims covered by this indemnification without Latitude Run’s prior written approval.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Any dispute arising from or relating to your access or use of the Platform or these Terms shall be finally settled through binding arbitration administered by JAMS under its Streamlined Arbitration Rules, available at https://www.jamsadr.com.
Such arbitration will take place in the federal judicial district of your primary residence and will be conducted in English before a single, neutral arbitrator who shall issue a final award. The arbitrator, and not any federal, state or local court or agency, shall have authority to resolve any dispute relating to interpretation, applicability or enforceability of these Terms. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
You and Latitude Run agree to waive any right to pursue claims against one another through any class or representative action. Claims must be brought in your individual capacity, and cannot be brought as a plaintiff or class member in any purported class, collective or representative proceeding.
You and Latitude Run further agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding. Neither you nor Latitude Run will be entitled to join or consolidate claims with those of any other person.
Notwithstanding the foregoing, you and Latitude Run retain the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property, proprietary information or data rights.
Governing Law
These Terms shall be governed by the laws of the State of Delaware without regard to conflict of laws principles. Sole and exclusive jurisdiction for any dispute with Latitude Run or relating in any way to your use of the Platform will lie in the state and federal courts located in Delaware, and you consent to personal jurisdiction of those courts for purposes of disputes arising out of or relating to your access or use of the Platform.
Termination
These Terms remain in effect until terminated by you or Latitude Run. You may terminate these Terms at any time by ceasing all use of the Platform.
Latitude Run may terminate these Terms or suspend your access to the Platform at any time and without notice if we determine that you have breached these Terms, violated any applicable laws, or engaged in behavior that is harmful to other users.
Upon termination, you must immediately cease accessing and using the Platform, including any related services provided through third-party integrations. Some or all of your data may be permanently deleted upon termination.
The following sections will survive and remain in effect after any termination of these Terms: Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive.
General Terms
These Terms constitute the entire agreement between you and Latitude Run relating to your access and use of the Platform. These Terms supersede any prior agreements or understandings, whether written or oral.
The failure to exercise or enforce any right or provision under these Terms will not operate as a waiver of such right or provision. No waiver will be effective unless made in writing and executed by the waiving party.
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable or invalid, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of these Terms will remain in full force.
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Latitude Run may freely assign these Terms.
The section titles and headings are solely for convenience and have no legal or contractual effect. No text message or notice sent by you to Latitude Run will add to, amend, or waive any provision of these Terms unless agreed to by Latitude Run in writing.
If you have any questions or concerns regarding these Terms, please contact us at:
[email protected]
530-221-0742
Contact Us
If you have any questions about these Terms, feel free to contact us.