Terms of Use
General
Themis LLC dba Latapult (“Latapult”) is a software company that provides mapping software at the www.latapult.com website. This is a website designed and intended to describe and provide information about Latapult and its services. Access to and use of this website and the information offered herein are governed by these Terms of Use (the “Agreement”). By accessing or using any pages of the websites accessible from the URL latapult.com (the “Site”), you consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Site or any information provided therein.
Latapult reserves the right to modify this Agreement without notice and any modifications are effective when they are posted here. Latapult may, at any time, at its discretion terminate your access to the Site. Access to the Site may be monitored by Latapult. If you are accessing the Site as a representative of an organization, this Agreement binds both you individually and the organization, and references to “you” and “your” shall be construed to apply to you individually and the organization.
As a condition of your use of this Site, you will not use the Site or the information contained therein for any purpose that is unlawful or prohibited by this Agreement. You will not use the Site in any manner that could damage, disable, overload or impair the operation of the Site or use by third parties.
Latapult’s Proprietary Rights
All content, graphics, code, and software used on or incorporated into the Site, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by Latapult. Latapult grants you permission to electronically download, copy, or print hard copies of pages from this Site solely for your personal, non-commercial purposes. You may not sell, publish, advertise, or otherwise distribute for commercial purposes any information or materials obtained from the Site. Any use of the Site or content or information contained herein other than for your own personal, non-commercial use is strictly prohibited, unless the written permission of Latapult is obtained first.
Latapult and other marks found on the Site and all related trademarks, service marks, and/or logos are the exclusive properties of Themis, LLC, and may be registered or pending registration. All other trademarks or registered trademarks are the property of their respective owners. The trademarks, logos, and service marks (“Marks”) displayed on the Site may not be used without the prior written consent of Latapult or the applicable third-party owner. The absence of any trademark notice symbols on Marks used on the Site does not indicate or imply that such Marks are not registered.
By posting any questions or information requests on or through the Site, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform, and display such content.
Any information, material, or idea you submit to this Site by any means will be treated as non-confidential and non-proprietary and may be used by Latapult and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Site will be used by Latapult in accordance with its Privacy Policy. You shall not post or otherwise transmit to or from the Site by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Latapult’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: info@latapult.com.
Links to Third-Party Sites
Latapult may provide links to third-party websites on its Site for your convenience. However, please be aware that the information, products, or services available on this site are being provided by third parties over which Latapult has no control. Latapult provides no guarantee or warranty as to any of such information, products, or services. If you decide to visit any such sites, you do so at your own risk and responsibility. Links or the appearance of any marks or references to Latapult do not imply any sponsorship or endorsement of the third party or any information, products, or services appearing on such site. Please be sure to read the privacy policy on other sites if you have any questions about their collection of your personal data.
Error Correction
Though Latapult uses reasonable efforts to ensure otherwise, the Site may contain typographical errors or other inaccuracies and may not be complete or current. Latapult therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time.
Disclaimer of Warranties and Limitation of Liability
Latapult provides the Site, its contents, and any and all products, services, and information described or provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. LATAPULT EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS PROVIDED IN CONNECTION WITH OR RECOMMENDED BY THE WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LATAPULT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LATAPULT OR ANY OTHER PARTIES INVOLVED IN CREATING OR MAINTAINING THE WEBSITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF LATAPULT OR ITS 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 NO EVENT SHALL LATAPULT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD, ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THIS WEBSITE, WHETHER THE CLAIM GIVING RISE TO SUCH LIABILITY IS RELATED TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Choice of Law, Waiver, Claims, Severability
By using the Site or accessing any information herein, you agree that your use of the Site will be governed by the laws of Georgia. You also agree that any legal or equitable claim arising from your use of the Site must be brought in the courts located in Savannah, Georgia, and you consent to the exclusive jurisdiction and venue in such courts. Latapult’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Site or products purchased through this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notice
You may direct any questions concerning this Agreement or notices required by this Agreement to:
E-mail: info@latapult.com
Whole Agreement and Amendment
This Agreement constitutes the entire agreement between you and Latapult with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Latapult may amend or modify this Agreement at any time by posting the new terms on its Site. This Agreement may not be otherwise amended except in a written document signed by you and Latapult.
This agreement was last revised April 19, 2024.
