This website, located at uniform resource locator www.latrobe.us or any of our affiliated desktop or mobile sites or applications (collectively, the "Site"), is provided by Latrobe USA LLC, a California limited liability company (“Latrobe,” "we," "our," or "us") to the person accessing the Site ("you," or "your").
1. You Agree to These Terms by Using the Site
Additionally, certain features of the Site, such purchasing our products through checkout pages, may require you to agree to additional terms and conditions, most notably the Terms of Purchase.
2. Permitted Use of the Site; Modifications and Termination
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. The information and materials on the Site are provided for general informational purposes. You may use the site solely for the purpose of learning about, purchasing and/or using Latrobe services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.
3. User Submitted Content
The Site may, from time to time offer interactive features that allow users to submit content to the Site. Latrobe does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, Latrobe is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Latrobe reserves the right to block or remove communications or materials that it determines to be unacceptable to Latrobe in its sole discretion.
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, or posting any obscene or abusive images or text, is strictly forbidden. Impersonation of others, including a Latrobe employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
4. Notice; Electronic Communications
When you visit the site or send e-mails to Latrobe, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. 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.
5. Privacy Notice
You acknowledge and agree that any communication or material you transmit to the Site other than personal information, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
6. Typographical Errors; Colors
In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Latrobe reserves the right to refuse or cancel any orders placed for product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your credit card has already been charged for the purchase and your order is cancelled, Latrobe shall issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Latrobe makes no guarantees that any actual colors of products or features will be true or accurate.
7. Disclaimer - Warranty
THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LATROBE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Latrobe does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Latrobe does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
9. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER LATROBE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT OR PRODUCTS, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ITS CONTENT OR PRODUCTS WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Third-Party Links
In an attempt to provide increased value to our visitors, Latrobe may link to sites operated by third parties. However, even if the third party is affiliated with Latrobe, Latrobe has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Latrobe. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Latrobe specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
Latrobe does not endorse the content, or any products or services available, on such sites. Nonetheless, Latrobe seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only the Site, but for sites it links to as well (including if a specific link does not work).
The following trademarks are our property: Latrobe™, Latrobe USA™. These marks may not be used without our consent on any product or service, except our own.
Copyright © 2019, Latrobe USA LLC. ALL RIGHTS RESERVED.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Latrobe or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Latrobe and protected by United States and international copyright laws. All software used on the Site is the property of Latrobe or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
13. Copyright Complaints
Latrobe respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
14. Export Control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.
Latrobe does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.
15. Law and Jurisdiction
17. Entire Agreement
18. Questions and Feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to firstname.lastname@example.org.
TERMS OF PURCHASE (Last updated: December 27, 2019)
These Terms of Purchase have been executed and delivered by you and constitute a valid and binding agreement between you and Latrobe, enforceable against you in accordance with their terms. You represent that you are (a) at least 18 years of age, (b) of legal age to form a binding contract, and (c) not a person barred from receiving services under any applicable laws, rules or regulations.
You shall purchase and use the products and services available through the Site, in strict compliance with these Terms of Purchase and all applicable laws, rules and regulations (collectively, “Laws”). You are responsible to comply with all applicable Laws with respect to your purchase, including all applicable Laws in the jurisdiction to which any products are shipped. .
2. PRIVACY NOTICE
4. WARRANTY DISCLAIMERS
THE WARRANTIES DESCRIBED IN THESE TERMS OF PURCHASE AND ANY PRODUCT DOCUMENTATION, IF ANY, COMPRISE LATROBE’S SOLE AND ENTIRE WARRANTY OBLIGATION AND LIABILITY TO YOU, YOUR CUSTOMERS AND ASSIGNS IN CONNECTION WITH THE PRODUCTS SOLD AND SUPPLIED HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
5. LIMITATIONS OF LIABILITY
Your sole and exclusive remedy against Latrobe shall be either the replacement, or issuing of credit, at Latrobe’s option, without additional charge to Customer for any products that Latrobe agrees are defective.
YOU AGREE THAT NO OTHER REMEDY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO YOU WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, AND YOU FURTHER AGREE TO INDEMNIFY AND TO HOLD LATROBE HARMLESS FROM ANY LIABILITY OR OBLIGATIONS INCURRED BY OR ASSESSED AGAINST LATROBE TO OR BY ANY PERSONS INJURED DIRECTLY OR INDIRECTLY IN CONNECTION WITH ANY OF THE PRODUCTS SOLD OR SUPPLIED BY LATROBE.
LATROBE’S MAXIMUM AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY SALE OF PRODUCTS SHALL BE LIMITED TO THE DOLLAR AMOUNT OF THE PRODUCT SOLD IN CONNECTION WITH TO THE TRANSACTION TO WHICH THE LIABILITY RELATES.
6. DISPUTE RESOLUTION
7. ENTIRE AGREEMENT
If any provision of these Terms of Purchase is determined to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
9. MODIFICATION OF TERMS OF PURCHASE
You acknowledge and agree that Latrobe may, in its sole discretion, modify, add or remove any portion of these Terms of Purchase at any time and in any manner by posting revised Terms of Purchase on the Site. You may not amend or modify these Terms of Purchase under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Purchase. Your continued use of this Site after any changes to the Terms of Purchase means you accept the changes for purchases made after the date of such changes.