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Latitude North Sports specializes in high-quality equipment and clothing for outdoor adventures of all kinds. Our online service center (like our brick and mortar store) is staffed with people who have deep knowledge in the sports and products we sell. Our well trained team includes avid skiers, snowboarders, hunters, fishermen and outdoor enthusiasts, all of whom test (and use) every product we sell. This ensures that the products we ship have the Latitude North stamp of approval, which means that we would recommend them to friends, family and our valued customers.
While our web presence is new, our business is nearly 60 years old. established as West Gate Sport Center in 1955, we are one of Wisconsin ’s oldest family owned and operated Sporting Goods stores & Marina. Our long history is due primarily to the dedicated team of family and staff who work at our flagship store. For nearly 60 years, we have been proud to expertly serve the sporting goods needs of the Oshkosh area, as well as our valued customers around the globe.
There are currently no new openings at Latitude North Sports. Please check back later.
100% Satisfaction Guarantee
We stand behind everything we sell. If you are not satisfied with your Latitude North Sports purchase, you can return it for a replacement or refund. Items must be returned within a year of purchase.
Latitude North Sports’ guarantee does not cover ordinary wear and tear or damage caused by improper use or accidents.
Effective date: December 20, 2013
Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you create an online account or profile; use the interactive areas and features of our Services; make a purchase; sign up for contests, promotions, mailing lists, classes, events or recreational activities; and when you email, call, or otherwise communicate with us. The types of information we may collect include:
Online Account Information, such as your name, address, phone number, fax number, email address, photos, social media usernames, demographic information, and information about your interests and preferences.
Transaction Information, such as your name, billing address, shipping address, phone number, email address, credit card information, and transaction history.
Information We Collect When You Use Our Services. We may also automatically collect information about you when you access or use the Services, including:
Log Information: We obtain information about your use of our Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
Location Information: We may collect information about your location when you access or use one of our mobile applications or otherwise consent to the collection of this information. For more details, please see “Your Choices” below.
Information We Collect from Other Sources. We may also receive personal information about you from other sources and combine or link that with information we have about you.
We use the information we collect about you for a variety of purposes, for example, to:
- provide and deliver products and services, process and complete transactions and send you related information, including purchase confirmations, invoices, updates, security alerts, recall notices and support and administrative messages;
- provide, maintain, and improve the Services;
- investigate and prevent fraudulent transactions and other illegal activities;
- respond to your comments and questions and provide customer service;
- communicate with you about Latitude North Sports and partner products, services, offers, promotions, news, upcoming events, and other information we think will be of interest to you;
- monitor and analyze trends, usage and activities;
- personalize the Services and provide advertisements, content, or features that are targeted toward your interests; and
- process and deliver contest or sweepstakes entries and prizes.
We may store and process information in the United States and other countries.
We may share personal information about you outside of Latitude North Sports and its affiliates, including as follows:
- with third parties who complete transactions or perform services on our behalf;
- we may make our postal mailing list and general shopping information available to selected companies we believe may offer products or services of interest to you;
- in connection with, or during negotiations of, a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company, joint venture, corporate reorganization, insolvency or bankruptcy, financing or sale of company assets;
- with your consent.
We may also share aggregated, non-personally identifiable information about you.
The Services may offer social sharing features or other integrated tools, which let you share actions you take on the Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.
Latitude North Sports takes reasonable measures, including administrative, technical, and physical safeguards, to protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.
Your Information. You may update or correct information about you by logging into your online account or calling Customer Service. You may also email us if you wish to deactivate your account, but note that we may retain information about you for legitimate business purposes or as required by law.
Location Information. You also have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device.
Latitude North Sports may change this Policy from time to time. If we make changes, we will notify you by revising the Effective Date above and, in some cases we may provide you with more prominent notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Policy to stay informed about our information practices and the ways you can help protect your privacy.
If you have any questions, comments or concerns about this Policy or about our privacy practices, please call our customer service representatives at 1-920-376-3942
Date of Last Revision: December 20, 2013
These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase with us.
Latitude North Sports reserves the right to change or modify these Terms at any time and in its sole discretion. If Latitude North Sports makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.
If you have any questions regarding the use of the Sites, please refer to the Help Section on LatitudeNorthSports.com. All other questions or comments about the Sites or their contents may be directed to customer service by calling 920-376-3942 or emailing us.
Table of Contents
Part One – Terms for All Site Users
- Eligibility, Registration and Account
- Ownership of Site Content
- Repeat Infringer Policy; Copyright Complaints
- User Content and Interactive Features or Areas
- Rights in User Content and Feedback
- Product Reviews
- User Conduct
- No Third-Party Beneficiaries
- Limitation of Liability
- Modifications to the Sites
- Applicable Law and Venue
Part Two – Terms for Users Making Purchases
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITES.
- Pricing and Availability
- Out-of-Stock Items; Backorders
- Agreement to Conduct Transactions Electronically; Recording; Copies
- Shipping & Handling; No Export by You
- Payment; Credit for Refunds
- Return and Exchanges
- Complaints and Legal Notices
- Limited Warranty
- Exclusivity of Remedy; Limitation of Liability
Part One – Terms for All Site Users
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to create a profile on the Sites, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Latitude North Sports; and (d) promptly notify Latitude North Sports if you discover or otherwise suspect any security breaches related to the Sites.
Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the Latitude North Sports logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Latitude North Sports or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of Latitude North Sports, is strictly prohibited and will terminate the license granted heLatitude North Sportsn. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated heLatitude North Sportsn, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Latitude North Sports has adopted a policy of terminating, in appropriate circumstances and in Latitude North Sports’s sole discretion, account holders who are deemed to be repeat infringers. Latitude North Sports may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.
Name of Designated Agent:
Address: Latitude North Sports, 1232 N. Sawyer, Oshkosh, WI 54902
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.
“Latitude North Sports,” “Latitude North Sports Adventures,” the Latitude North Sports logo and other Latitude North Sports product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of Latitude North Sports and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Latitude North Sports or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Latitude North Sports” or any other name, trademark or product or service name of Latitude North Sports without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Latitude North Sports and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Latitude North Sports.
If you believe that anything on the Sites infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).
One or more patents apply to the Sites and to the features and services accessible via the Sites, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; 6,029,142 and all corresponding foreign counterparts.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Latitude North Sports or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Latitude North Sports logo or other proprietary graphic of Latitude North Sports to link to the Sites without the express written permission of Latitude North Sports. Further, you may not use, frame or utilize framing techniques to enclose any Latitude North Sports trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Latitude North Sports’s express written consent.
Latitude North Sports makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Latitude North Sports and Latitude North Sports is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Latitude North Sports provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Latitude North Sports of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
The Sites may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your Latitude North Sports.com account information (also known as “Your Latitude North Sports Online Account” or “Your Account”) or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Latitude North Sports or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that does not clearly and prominently disclose any material connections you may have to Latitude North Sports or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
- User Content that, in the sole judgment of Latitude North Sports, restricts or inhibits any other person from using or enjoying the Sites or which may expose Latitude North Sports or its users to any harm or liability of any type.
Latitude North Sports takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Latitude North Sports liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. At the same time, Latitude North Sports encourages its users to report User Content that violates these Terms (either by using a flagging or reporting mechanism provided within the Sites or, for content that infringes copyright or trademark rights, by following the instructions in Sections 4 and 5 of these Terms). Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by such Terms. Although Latitude North Sports has no obligation to screen, edit or monitor any of the User Content posted on the Sites, Latitude North Sports reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
Except as otherwise provided heLatitude North Sportsn, on the Sites or in a separate agreement (such as the rules of an Latitude North Sports photo contest), Latitude North Sports claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant Latitude North Sports and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to Latitude North Sports at the time you upload your content. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to Latitude North Sports that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms, our Site Rules, any other applicable Latitude North Sports terms, guidelines or policies or any applicable law, rule or regulation.
Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Sites, Latitude North Sports or Latitude North Sports’s products or services that are provided by you, whether by email, posting to the Sites or otherwise (“Feedback”), are non-confidential and shall become the sole property of Latitude North Sports. Latitude North Sports shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree to abide by our Site Rules and not to:
- Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another’s account without authorization from Latitude North Sports;
- Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and our Sites; or
- “Frame” our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
Latitude North Sports is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is Latitude North Sports responsible or liable for any associated loss, damage, injury or harm. Although Latitude North Sports has no obligation to monitor any user conduct on the Sites, Latitude North Sports reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. Latitude North Sports does not approve or endorse any user-posted meetings or events referenced on the Sites and Latitude North Sports recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You agree to defend, indemnify and hold harmless Latitude North Sports, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Sites. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. Latitude North Sports DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Latitude North Sports does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Latitude North Sports does not represent or warrant that the Sites or its servers are free of viruses or other harmful components.
IN ADDITION, Latitude North Sports DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING Latitude North Sports VIDEOS AND “EXPERT ADVICE” ARTICLES. This Site Content is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL Latitude North Sports, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM Latitude North Sports, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Latitude North Sports’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Latitude North Sports, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Latitude North Sports FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Latitude North Sports reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Latitude North Sports will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
These Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Latitude North Sports reserves the right, without notice and in its sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.
If any provision of these Terms shall be deemed 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.
Part Two – Terms for Users Making Purchases
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITES.
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, many products displayed on our Sites are also available in Latitude North Sports retail stores while supplies last, but you should not assume that what you see on the Sites can always be seen in our stores. Prices displayed on the Sites may vary from those in the store or from store-advertised prices.
We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
If the color or size you want is not listed in the “Choose Your Color/Size” drop-down box on the Product Information page, it is not then available for ordering. Please check back later. If the color or size you want has an asterisk next to it in the drop-down box, it is on backorder. Sometimes we will not know in advance that product is unavailable, so when you place items in your Shopping Cart you will be asked if you would like to backorder them. If you indicate yes, the item will be sent to you once it becomes available. Note that some items may be backordered or unavailable even if the Sites indicate that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address. If you choose to ship an item to an Latitude North Sports store for pick-up, you will be charged at the time the item is shipped from our distribution center. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact us.
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. When you ask us to ship to an Latitude North Sports store for pick-up, shipping is free (however, some exclusions may apply, and we reserve the right to add shipping and handling charges once we post them on the Sites). Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts, including orders shipped to an Latitude North Sports store for pick-up. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding “Your Account,” you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
Latitude North Sports has a 100% Satisfaction Guarantee, subject to any contrary terms imposed on your purchase (e.g., some of our “close out” items say “no return” or the like) and provided that you follow the instructions on the Sites. General returns information and instructions can be found at http://www.Latitude North Sports.com/help/returns.html.
Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help Latitude North Sports locate the purchase in our records. If a gift certificate or card, voucher, coupon or payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
If you believe a product sold by Latitude North Sports has a condition or defect that might make it unsafe, please report this safety concern immediately by clicking here or calling 920-376-3942.
All complaints and legal notices should be mailed to
Latitude North Sports
Attn: Legal Department
1232 N. Sawyer
Oshkosh, WI 54902.
If a law requires us to accept legal notices via email, call 920-376-3942 to ask for the address intended for receipt of such notices.
Latitude North Sports warrants that Latitude North Sports branded products will be free from defects in materials and Latitude North Sports workmanship at the time of sale. This warranty does not cover damage or malfunctions caused by normal wear and tear, accident, abuse, neglect, improper storage or handling, misuse, vandalism, acts of God, or other causes external to the product.
Latitude North Sports makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade.
Manufacturers of non-Latitude North Sports branded products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers. Products eligible for warranty return may be returned or service fees refunded in accordance with Latitude North Sports’s returns and exchanges policy (see http://www.Latitude North Sports.com/help/returns.html).
This warranty gives you specific legal rights, and you may have other rights, which vary from State to State.
Your sole and exclusive remedy, and Latitude North Sports’s sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for the service under the Latitude North Sports returns and exchanges policy. IN NO EVENT SHALL Latitude North Sports BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF Latitude North Sports, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Effective Date: December 20, 2013
Welcome to LatitudeNorthSports.com. To maintain a safe, trustworthy and fun online environment, we’ve crafted this set of common-sense guidelines, or Site Rules (“rules”). In a nutshell: When you use Latitude North Sports.com (“site”), you agree to contribute responsibly, treat others with respect and adhere to the following rules.
We strive to protect Latitude North Sports.com and its users and others from spam, abuse and other unacceptable conduct. By using our site, you agree to refrain from the following activities:
Commercial Use: The site is intended for personal, non-commercial use. But Latitude North Sports is, after all, a retailer and of course we will use the site for our own commercial purposes.
Dangerous Activities: Keep it safe. Don’t post or share materials that encourage reckless or irresponsible behavior. This prohibition extends to content that describes or encourages any potentially harmful or offensive use of the products we sell.
Harassment: Be respectful. Don’t use our site to harass, threaten, intimidate, bully or stalk others.
Harmful Technology: Play nice. Don’t post any material that contains software viruses or other harmful or destructive code.
Impersonation: Be yourself. You may not impersonate others or misrepresent yourself, your age or your affiliations. Also, don’t create a screen name that uses a company’s trademarked name without authorization.
Infringement: Respect others’ rights. Don’t copy, post or share any content that violates copyright, trademark or other rights of third parties. You are not allowed to use Latitude North Sports’s copyrighted material, or logo or other trademarks without our permission.
Invasion of Privacy: Maintain good boundaries. Don’t share passwords or post, solicit or share private information about others without their consent. This includes addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Repeat Registration or Unauthorized Access: You can register for only one online account on Latitude North Sports.com. Do not attempt to use anyone else’s account without their permission. The Latitude North Sports Employee badge is for Latitude North Sports employees only, and can be used only when provided to you by Latitude North Sports.
Spam: Be trustworthy. Don’t use the site to spam others or to encourage others to spam. This includes sending unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, chain letters and pyramid schemes. Also, it’s not permissible to harvest or collect others’ email addresses or contact information for the purpose of spamming.
Unlawful Use: Keep it on the up-and-up. You may not use the site to engage in activities that violate any law, for any unlawful purpose or to promote illegal activities.
We welcome and encourage your contributions to LatitudeNorthSports.com. They’re the lifeblood of our online community. However, certain kinds of speech don’t belong on our site:
Offensive or Defamatory Content: Don’t post or share content that is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful.
Adult Content: You may not upload content that is obscene, pornographic or sexually explicit.
Violent Content: Don’t post content that depicts graphic or gratuitous violence.
Unfair or Deceptive Content: You are not allowed to post content that is unfair or deceptive or that otherwise violates consumer protection laws.