Terms of use

Last revised September 1, 2009

Please read these terms of use carefully - and be certain that you understand them - before using True Latitudes' website and its services. These terms of use constitute a binding agreement - and the only agreement - between you and True Latitudes, and govern your use of True Latitudes' website and its services. By visiting this website, you agree to be bound by all of the terms and conditions in these terms of use - and any amendment or revision to these terms of use which may occur from time to time - whether you are a visitor just browsing the True Latitudes website, or a registered member and user of True Latitudes.

It is our hope that you will become a member of True Latitudes, and that True Latitudes will become an important resource in your life as you plan, arrange, and share your ultraluxury travels. However, please understand that the decisions that you make after reading or listening to True Latitudes' information and advice are yours alone, and True Latitudes is not responsible for these decisions or any consequences related to your choices. Reliance on any information or advice provided by True Latitudes, its parent, directors, officers, employees, agents, contributors, or members is solely at your own risk. Please take particular care if you rely on information or advice provided by other members in the community sections of True Latitudes' website as this information and advice has not been reviewed or evaluated by True Latitudes.

Thank you for taking the time to read these terms of use. You are encouraged to return to this page periodically and reread these terms of use as a reminder of what you have agreed to by visiting or using this website, and to bring yourself up to date on any revisions to these terms of use. You are bound by any amendments or revisions to these terms of use which may occur from time to time. Please contact us if you have any questions about True Latitudes or these terms of use.

You agree to be bound by this agreement

You agree that these terms of use constitute a binding agreement between you and True Latitudes. They set forth the terms and conditions which apply to you and your use of True Latitudes' services as well as www.truelatitudes.com, and other websites owned by True Latitudes, and also set forth certain restrictions and limitations on liability applicable to your membership and use of the information, advice, and services offered by True Latitudes. Subject to these terms of use, and your acceptance of them by visiting or using this website, True Latitudes agrees to grant, and you agree to accept, a nonexclusive, nontransferable, single-computer license to use and display the contents of True Latitudes for your personal, noncommercial use on any computer of which you are the primary user. This makes you a limited licensee of True Latitudes, but creates no other relationship between you and True Latitudes. You agree not to use the contents of the website for any other purpose. You further agree that you will not, and will not attempt to, copy or distribute the contents of the website, or transfer your membership in True Latitudes to any other person or otherwise violate the single-computer, noncommercial-display-and-use limited license granted to you, including selling or giving the information, advice, and services offered by True Latitudes to third parties who are not members of True Latitudes.

Without in any way limiting the restrictions in the preceding paragraph, the following exceptions apply to the limited license granted there. You may use or display the contents of True Latitudes on any other computer or mobile device of which you are the primary user. You may make one copy of any page displayed on True Latitudes for your personal, noncommercial use. Any member of your personal household—including your spouse, partner, dependents living with you, and one member of your household staff—may make any use of the information, advice, and services of True Latitudes to which you as the limited licensee are entitled to make. True Latitudes may expressly grant case-by-case exceptions to the restrictions in this and the preceding paragraph. Please contact us if you wish to request an exception.

You warrant that you are at least 18 years of age

You agree that you must be at least 18 years of age - or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 - to register as a member of True Latitudes or use True Latitudes' website and True Latitudes' services. If you are under the age of 18, or the applicable legal age in your jurisdiction, please do not use True Latitudes' website and services. You agree that by visiting or using True Latitudes' website, you represent and warrant that you have the right, authority, and legal capacity to enter into these terms of use and to abide by all of the terms and conditions set forth in these terms of use. Additionally, you further warrant and agree that you are not prohibited by any law in your jurisdiction from becoming a member of True Latitudes and visiting and using its website.

You agree to only use True Latitudes in a lawful manner

You agree to use True Latitudes and the services it provides only as lawful in the United States and in the jurisdiction in which you reside and in the jurisdiction in which you access and make use of True Latitudes. You agree not to access or make use of True Latitudes in any country or jurisdiction in which doing so would be unlawful, or in which the law does not give full effect to all of the terms and conditions of these terms of use, including this paragraph. You also agree not to post on or transmit through True Latitudes any material which violates or infringes in any way on the rights of others; is threatening, abusive, or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene, violent, hurtful, or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by the terms and conditions of these terms of use as well as any amendments to these terms of use as well as any other rules, restrictions, or procedures imposed by True Latitudes from time to time.

You agree to respect True Latitudes' lawful rights

The contents of True Latitudes' website include copyrighted materials, trademarks, and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual recordings, graphics, music, and sound. The entire contents of True Latitudes' website are copyrighted as a collective work under United States copyright laws and/or similar laws in other jurisdictions. True Latitudes owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to True Latitudes. Third-party content providers own the copyright to content that is original to them. The following word and design marks belong exclusively to True Latitudes.

Word marks:

True Latitudes®
True Latitudes Travel®
The last word in ultraluxury travel®
The only source you need for ultraluxury travel®
Your ultimate personal guide to ultraluxury travel experiences®

Design marks:

All rights are reserved. All other trademarks and service marks appearing on the website are the property of their respective owners. You agree that the use of any of True Latitudes' trademarks, service marks, or names as metatags on other websites is prohibited. You agree that you may not display True Latitudes' content or services in frames or in-line links without the express written permission of True Latitudes. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit any of the content of True Latitudes' website or services, and you further agree not to attempt to do so. You agree not to copy, redistribute, publish, or otherwise exploit materials which you download from True Latitudes without True Latitudes' express written permission. You further agree that you will not acquire any ownership rights by downloading material from True Latitudes' website. You agree that you may not create a database in electronic or manual form by downloading and storing any materials contained on True Latitudes' website. Any communications or materials that you transmit to True Latitudes for posting on the website, by e-mail or otherwise, including data, information, ideas, suggestions, advice, questions, comments, writings, music, sound, audiovisual effects, artwork, design elements, graphics, concepts, biographical information, notes, or message postings, will be treated as nonconfidential and nonproprietary. You hereby unconditionally and irrevocably transfer and assign to True Latitudes, its parent, successors, and assigns, in perpetuity, all rights, title, and interest in and to all such materials, including all rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, sell, license, display, or otherwise exploit the material you send to True Latitudes, in all languages and throughout the world, in any form, media, or technology now known or hereafter devised. You agree that any such communications or materials that you transmit or post may be used and exploited by True Latitudes, its parent, successors, and assigns for any purpose whatsoever, including developing, manufacturing, and marketing products using such information and you hereby waive the right to receive any financial or other consideration in connection with such information, including credit.

You agree to use True Latitudes properly

You agree not to use bots, spiders, intelligent agent software, or any other methods for any purpose other than accessing publicly posted portions of the True Latitudes website, and then only for purposes consistent with your limited license and these terms of use. You agree not to, or not to attempt to, circumvent any access or use restrictions, data encryption, or content protection related to True Latitudes, not to data mine True Latitudes, and not to in any way cause harm to or burden True Latitudes. You agree that you will not post on or transmit through True Latitudes any advertising or commercial solicitation of any kind, including via e-mail. You further agree not to use True Latitudes, or any element or portion of True Latitudes, including the e-mail addresses of True Latitudes members, for any commercial purpose. You agree not to use True Latitudes in any way that abuses, defames, stalks, annoys, threatens, or violates rights of privacy, publicity, intellectual property, or other rights, or to post, publish, distribute, disseminate, or upload any untrue, inappropriate, infringing, defamatory, profane, indecent, obscene, illegal, or unlawful matters, including information, topics, names, or other material. You agree that True Latitudes may suspend or terminate your membership, and refuse any current or future use of True Latitudes on your part, if you commit any such violations of these terms of use.

In addition, you agree not to: (a) attempt to impersonate another member or any other third party by selecting or using the name, e-mail address, credit card information, or avatar of or belonging to another member or other person; (b) use a user name, e-mail address, credit card information, or avatar belonging to any other person, for any reason whatsoever; (c) use a user name, e-mail address, or avatar in violation of the intellectual property rights of any person or entity; (d) use a false header - the legend attached to an e-mail message to show the message's point of origin, route, and destination - or otherwise falsely configure an e-mail; (e) use a user name, e-mail address, header, or avatar that True Latitudes deems inappropriate; (f) disseminate multiple unsolicited copies of e-mail through True Latitudes; (g) upload files that contain software or other materials protected by intellectual property laws or rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, and approvals; (h) upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of True Latitudes' website or servers or to another's computer; (i) advertise or offer to sell or buy any goods or services for any business purpose; (j) conduct or forward surveys, contests, pyramid schemes, or chain letters; (k) falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (l) restrict, inhibit, harass, or attempt to prevent any other member from using or enjoying True Latitudes' website; (m) disclose personal information and/or collect information about others (especially personal information or information likely to lead to the personal identification of another), including e-mail addresses, without their prior consent; (n) violate any applicable domestic or international laws or regulations; or (o) transfer your membership in, or the services provided by, True Latitudes to third parties for the purpose of reselling the membership.

You agree to always use caution and common sense when using True Latitudes, especially when giving out or posting any personally identifiable information about yourself. Additionally, you agree that you are aware that True Latitudes does not control or endorse the content, messages, advice, or information found in user-submitted portions of True Latitudes' website or other locations. As a result, you agree and accept that True Latitudes disclaims any responsibility with regard to such user-generated content or the consequences of relying on such content.

You agree to review these terms of use for periodic amendments and updates

You agree to review these terms of use on a regular basis to be aware of changes and updates to these terms of use. You agree that True Latitudes has the right, at any time, to: (a) add, change, or discontinue any aspect or feature at True Latitudes' website, including content, availability, and equipment needed for access or use; (b) impose, change, or modify its terms and conditions applicable to your use of True Latitudes' website or any part of the website; and/or (c) impose, change, or modify the terms and conditions of these terms of use. You agree that such changes will be effective at the time they are posted or made available on True Latitudes' website, or by any other methods of notice True Latitudes deems appropriate. You agree that any visit to True Latitudes' website or use of the website by you after any such changes constitutes acceptance by you of the changes.

You agree that you use links on the website at your own risk

True Latitudes' website includes links to external websites and the ability to access external portions of the internet and other websites which you agree True Latitudes has provided for your convenience. You agree that True Latitudes is neither responsible for the availability of these external websites and internet locations, nor for their content, including any solicitations, products, or services available on these websites or locations. You acknowledge that some external locations may contain materials or communications which are untrue, unedited, offensive, and illegal in some jurisdictions. You agree to access these websites and external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that True Latitudes is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way related to any such website or external location, and you hereby irrevocably waive any and all claims related thereto against True Latitudes. Any concerns that you have regarding any website or external location should be directed to the respective site administrator, systems operator, or webmaster of the website or external location.

You agree that e-mails True Latitudes sends to you are also covered by these terms of use

True Latitudes may provide you with e-mails, including content, or other prompts to new content available on its website. You agree that your use of such content received by e-mail or other prompts is subject to these terms of use.

You agree to and accept True Latitudes' disclaimers

You acknowledge and agree that any content that you view on True Latitudes' website, or that you receive in hard copy from True Latitudes, is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You agree that you may not rely on any information, data, text, music, sound, photos, graphics, videos, message, or other materials created by True Latitudes or submitted to True Latitudes. You further agree that the views expressed on True Latitudes' website do not necessarily reflect the views of True Latitudes, and True Latitudes does not support or endorse content, including any content submitted by third parties, posted or submitted by you or any member. You agree that the information available as part of True Latitudes' website is provided for the purpose of entertainment only. You agree that True Latitudes has no responsibility for the accuracy of any statements reflected on True Latitudes' website. To the best of True Latitudes' knowledge, the descriptions and information contained on True Latitudes' website are accurate and up to date at the time they are delivered to you or otherwise posted on the website. You agree that such descriptions and information contained on the website constitute only a snap-shot in time, and reflect the personal opinion of the writer at that point in time. You agree that the descriptions and information contained on True Latitudes' website are not guaranteed and do not constitute a guarantee that you will share identical or substantially the same experiences with respect to the conditions or qualities of the products and services described in the descriptions and information. You agree that the content of True Latitudes' website may not be complete or up to date. You also agree that the information obtained by using True Latitudes' website is not exhaustive and does not necessarily cover all issues relevant to you.

You agree that True Latitudes' website is without any warranties

You agree that the use of True Latitudes' website is at your own risk. You further agree that the content of the website is provided "as is" and without any warranties, express or implied. You agree that True Latitudes disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. You also agree that True Latitudes does not warrant that its website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful elements. You agree that True Latitudes does not warrant or make any representation regarding any use of the website's content or the accuracy of that content. You agree that True Latitudes may make changes or improvements at any time. You further agree that you assume the entire cost of any loss or damage arising from the use of True Latitudes' website or its content. You agree that True Latitudes makes no warranty that your use of the content will not infringe on the rights of others. You also agree that True Latitudes assumes no responsibility for errors or omissions in the website's content.

You agree that True Latitudes' liability is limited

You agree that True Latitudes, its parent, licensors, service providers, contributors, employees, agents, officers, and directors (referred to collectively in this paragraph and the next as "True Latitudes") are not and will not be liable for any incidental, direct, indirect, actual, punitive, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if advised of the possibility of such damages. In no event will the collective liability of True Latitudes to any party (regardless of the form of action) exceed the greater of $100 or the amount you paid to True Latitudes during the 12 months prior to the action. If you are a California resident, you agree that you waive your rights with respect to California Civil Code section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor."

You agree that you will indemnify and hold True Latitudes harmless from any breach of these terms of use by you, including any use of content from the website other than as expressly authorized by True Latitudes in these terms of use. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use. You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the indemnified parties in this regard. You also agree that you will indemnify and hold the indemnified parties harmless from and against any claims brought by any third party arising out of your use of True Latitudes' website.

You agree that True Latitudes reserves the right to protect its interests

You agree that True Latitudes may suspend or terminate your membership, account, or use of True Latitudes' website for any reason which it in good faith deems appropriate, and, depending on the circumstances, may at its discretion choose not to refund your membership fee or to refund a pro rata portion of your fee. You agree that True Latitudes reserves the right to investigate all suspected violations of these terms of use, and, where appropriate, release whatever information, personal or otherwise, it chooses to the system administrators of other websites in order to assist them in resolving similar incidents and issues.

You agree that True Latitudes reserves the right to fully cooperate with law enforcement authorities or comply with the order of any court with appropriate jurisdiction requesting the disclosure of information, personal or otherwise, including in instances where True Latitudes suspects that there has been a violation of these terms of use. You agree to waive any claims you may have against True Latitudes, and hold True Latitudes harmless from any claims resulting from any action taken by True Latitudes during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either True Latitudes or law enforcement authorities.

You agree to the jurisdiction of the California courts and the resolution of any dispute by arbitration

You agree that these terms of use are governed and interpreted pursuant to the laws of the State of California, notwithstanding any conflicts of laws. You specifically consent to personal jurisdiction in California in connection with any dispute between you and True Latitudes. You agree, subject to the arbitration requirement below, that the exclusive venue for any dispute between you and True Latitudes arising out of or related to these terms of use will be in the state and federal courts in Los Angeles, California, provided that True Latitudes may elect to bring an action against you in any applicable jurisdiction in order to enforce an award or order against you.

You further agree that any suit, action, or proceeding arising out of or related to these terms of use, or any transaction contemplated therein, or related to True Latitudes' website (including statutory, equitable, and tort claims) will be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association, provided, however, that notwithstanding the parties' agreement to resolve any and all disputes arising under these terms of use through arbitration, True Latitudes may seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of these terms of use or the decision of the arbitrator. You agree that the arbitration will be held in Los Angeles, California, or any other venue upon which you and True Latitudes may mutually agree. The arbitrator will apply the substantive laws of the State of California, will issue a written decision, and will have the power to award any legal remedies except punitive damages. The parties will split the arbitrator's fee. You agree that you irrevocably waive any rights to bring or participate in any class action related in any way to True Latitudes' website and these terms and conditions. You agree that a printed version of these terms of use will be admissible in any judicial or arbitration proceedings to the same extent as other business documents and records originally generated and maintained in printed form.

You agree to a number of general provisions

You agree that no agency, partnership, joint venture, or employment is created as a result of these terms of use, and that you do not have any authority of any kind to bind True Latitudes in any respect whatsoever.

You agree that these terms of use, and all terms, conditions, guidelines, and rules referenced in these terms of use, contain the entire agreement between you and True Latitudes, and that no other statements or representations made by either party to the other in any format are part of these terms of use and binding on either party.

You agree that the failure of True Latitudes to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision, and the failure of True Latitudes to exercise in any respect any right provided for in these terms of use will not be deemed a waiver of any further rights hereunder.

You agree that if any provision of these terms of use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms of use will otherwise remain in full force and effort and enforceable.

You agree that these terms of use and the rights and obligations which they grant are not assignable, transferable, or sublicensable by you except with True Latitudes' prior written consent.

You agree to contact True Latitudes regarding these terms of use

You agree to contact True Latitudes if you have any questions about these terms of use or the agreement between you and True Latitudes.

Contact True Latitudes.