Privacy and Security Policy

Terms of Use

This agreement sets forth the terms and conditions that apply to your access and use of the internet web site www.LateShipment.com and its services, owned and operated by LateShipment Inc., registered in Florida, United States of America. By using LateShipment.com you agree to be bound by the terms and conditions mentioned herewith as LateShipment.com’s “Privacy and Security Policy”. They may be amended from time to time in the future (see “Modifications” below).

Accepting the Terms

By using the information, tools, software, features and functionality including content, updates and new releases on LateShipment.com (together the “Service(s)”), you agree to be bound by this agreement, whether you are a “Visitor” (which means that you simply browse the LateShipment.com website) or you are a “Member” (which means that you have registered with LateShipment.com) or you are a “Customer”(which means you use LateShipment.com’s services). The term “You” or “User” refers to a Visitor or a Member or a Customer depending on the context. The terms “We”, “Our”, “Us” or “Data Controller” refer to LateShipment.com. If you wish to become a customer, communicate with other members and make use of the service, you must read this agreement and indicate your acceptance during the “Signup” or “Registration” process.

If you accept this agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this agreement for your records.

Definitions

• Personal Data – Data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into the possession of the data controller.
• Collected Data – Personal Data which is collected automatically when you visit LateShipment.com.
• Service Data – The data that we collect on behalf of our User, which is necessary for providing the promised service in the contract.
• Cookies – It is a small piece of data sent from LateShipment.com and stored on the User’s computer by the User’s web browser while the User is browsing.
• Service(s) – LateShipment.com and LateShipment.com Pulse operated by LateShipment.com Inc. Florida.
• End-User – Any person or entity other than you or your users with whom you interact using the Service(s).

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID and email address, allows you to access the Service(s). That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML.

If you become aware of any unauthorized use of your Registration Information, you agree to notify LateShipment.com immediately at the email address – support@lateshipment.com.

Your Use Of The Service(S)

Your right to access and use LateShipment.com and the Service(s) is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use LateShipment.com for lawful purposes.

Accurate records enable LateShipment.com to provide the Service(s) to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your information. In order for the Service(s) to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service(s) to you will be affected.

Your access and use of LateShipment.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of LateShipment.com or other actions that LateShipment.com, in its sole discretion, may elect to take.

From time to time, LateShipment.com may include beta tests and new and/or updated pre-release features for usage on a trial basis of our Service(s), which permits you to provide feedback. You understand and agree that your use of our Service(s) is voluntary. Furthermore, you agree to abide by any rules or restrictions LateShipment.com may place on such usage. You may be unable to revert to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore historical data and may encounter errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that usage of our Service(s) is at your sole risk.

You agree that LateShipment.com may use your feedback, suggestions, or ideas in any way, including future modifications of the Service(s), other products, advertising or marketing materials. You grant LateShipment.com a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to LateShipment.com in any way. LateShipment.com will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Links to Third Party Sites

Our websites contain links to other websites that are not owned or controlled by LateShipment.com. Please be aware that we are not responsible for the privacy practices of other such websites or third parties. We encourage you to be aware when you leave our website and also read the privacy policies of each and every website that collects personal data.

Account Information from Third Party Sites

With the Service(s), Customers may direct LateShipment.com to retrieve their own information maintained online by third-party shipping carriers and institutions with which they have a relationship, maintain accounts or engage in financial transactions (“Account Information”).

LateShipment.com makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. LateShipment.com is not responsible for the products and services offered by or on third-party sites.

LateShipment.com cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. LateShipment.com cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service(s), Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.

LateShipment.com Intellectual Property and Rights

The contents of LateShipment.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of LateShipment.com belong or are licensed to LateShipment.com or its software or content suppliers. You may download or print a copy of information provided on LateShipment.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from LateShipment.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Access and Interference

You agree that you will not:

• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor LateShipment.com or any portion of LateShipment.com without express written consent, which may be withheld at the sole discretion of LateShipment.com.
• Use or attempt to use any engine, software, tools, agent, or other device or mechanism (including without limitation to browsers, spiders, robots, avatars or intelligent agents) to navigate or search LateShipment.com for any malpractices.
• Post or transmit any file which contains viruses, worms, trojan horses or any other contaminating or destructive feature, or that otherwise interferes with the proper working of LateShipment.com or the Service(s); and
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of LateShipment.com or the Service(s).

Disclaimer of Representations and Warranties

The content and all Service(s) and products associated with LateShipment.com or provided through the Service(s) (whether or not sponsored) are provided to you on an “as-is” and “as-available” basis. LateShipment.com makes no representations or warranties of any kind, explicit or implied, as to the content or operation of LateShipment.com. You explicitly agree that your use of the Service(s) is at your sole risk.

LateShipment.com makes no representations, warranties or guarantees, explicit or implied, regarding the accuracy, reliability or completeness of the content on lateshipment.com or of the Service(s) (whether or not sponsored), and disclaims any warranties of non-infringement or fitness for a particular purpose. LateShipment.com gives no warranty or guarantee that the content that may be available through the Service(s) is free of infection from viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.

Alert Disclaimer

You understand and agree that any alerts provided to you through the Service(s) may be delayed or prevented by a variety of factors. LateShipment.com does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that LateShipment.com shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Limitations on LateShipment.com’s Liability

LateShipment.com shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business arising in whole or in part from your access to LateShipment.com, your use of the Service(s) or this agreement, even if LateShipment.com has been advised of the possibility of such damages. notwithstanding anything to the contrary in this agreement, LateShipment.com’s liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to $500.00 (five hundred united states dollars).

Your Indemnification of LateShipment.com

You shall defend, indemnify and hold harmless LateShipment.com and its officers, directors, shareholders, and employees from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this agreement by you.

Ending Your Relationship with Lateshipment.com

This agreement will continue to apply until terminated by either you or LateShipment.com as set out below. If you want to terminate your legal agreement with LateShipment.com, you may do so by closing your account for the Service(s).

Cancellation guidelines:

• Email support@lateshipment.com and ask to cancel your account.
• Service(s) will be cancelled immediately upon notice to the email address provided by you as part of your Registration Information.
• Your account will be closed and your ability to log in deactivated immediately.
• Your LateShipment.com account data will be removed within 48 hours subject to and as explained in our Privacy and Security Policy.

Cancellation circumstances:

• When it is requested by the User.
• If you have breached any provision of this agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement).
• If LateShipment.com in its sole discretion believes it is required to do so by law (for example, where the provision of the Service(s) to you is, or becomes, unlawful).

Modifications

LateShipment.com may modify this agreement from time to time. Any and all changes to this agreement will be posted on the LateShipment.com site. In addition, the agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the agreement when you use the Service after those changes are posted.

Governing Law and Forum for Disputes

This agreement and your relationship with LateShipment.com under this agreement shall be governed by the laws of the State of Florida without regard to its conflicts or choice of law provisions. Any dispute with LateShipment.com or its officers, directors, employees, agents or affiliates arising under or in relation to this agreement shall be resolved exclusively through the small-claims court of the Superior Court of Florida within Orange County, Florida, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case LateShipment.com may seek such relief in any court with jurisdiction over the parties. You understand that in return for agreement to this provision, LateShipment.com is able to offer the Service(s) at the terms designated and that your assent to this provision is an indispensable consideration to this agreement.

In addition to the above:

• You are giving up your right to have a trial by jury; and
• You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a customer of a class of claimants, in any lawsuit involving any such dispute.

Miscellaneous

If any portion of this agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this agreement that is unlawful, void or unenforceable shall be stricken from this agreement.

You agree that if LateShipment.com does not exercise or enforce any legal right or remedy which is contained in the agreement (or which LateShipment.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of LateShipment.com’s rights and that those rights or remedies will still be available to LateShipment.com.

All covenants, agreements, representations and warranties made in this agreement shall survive upon acceptance of this agreement and the termination of this agreement.
This agreement represents the entire understanding and agreement between you and LateShipment.com regarding the subject matter of the same, and supersedes all other previous agreements.