This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at lateshipment.com (“LateShipment”), as owned and operated by ClearView Systems, Inc., a Florida corporation, on behalf of those of its direct or indirect subsidiaries and/or affiliates, (collectively referred to as “ClearView Systems”). By using LateShipment.com you agree to be bound by the terms and conditions of this Agreement and LateShipment.com’s Privacy and Security Policy, as 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 located on LateShipment.com (together the “Service”), 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). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to ClearView Systems. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with ClearView Systems.
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.
Privacy and your Personal Information
For information about ClearViews Systems’s data protection practices, please read LateShipment.com’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how ClearView Systems treats your personal information when you access LateShipment.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service is a shipping and logistics service that allows Members to automatically submit for refunds for late shipments with their shipping carrier. Based on such information, the Service may also present information relating to third party products or services (“LateShipment.com Offers”).
The Service is provided to you by ClearView Systems without charge (it is free) until a refund processed by LateShipment.com has been approved by the shipping carrier. At that point LateShipment.com charges the Member 50% of what was refunded by the shipping carrier.
Account Information from Third Party Sites
With the Service, Members may direct ClearView Systems to retrieve their own information maintained online by third-party shipping carriers and institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). ClearView Systems makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. ClearView Systems is not responsible for the products and services offered by or on third-party sites.
ClearView Systems 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. ClearView Systems 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, 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 Offers and Third-Party Links
Some parts of the Service are supported by sponsored links from advertisers and display LateShipment.com Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular LateShipment.com Offer is sponsored.
In connection with LateShipment.com Offers, the Service will provide links to other web sites belonging to ClearView Systems advertisers and other third parties. ClearView Systems does not endorse, warrant or guarantee the products or services available through the LateShipment.com Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and ClearView Systems is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. 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 e-mail address, you agree to receive all required notices electronically, to that e-mail 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 ClearView Systems immediately at the email address – email@example.com
Your Use of the Service
Your right to access and use LateShipment.com and the Service 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 ClearView Systems to provide the Service 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 Registration Information. In order for the Service 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 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 ClearView Systems, in its sole discretion, may elect to take.
From time to time, ClearView Systems may include beta tests, new and/or updated pre-release features and trial use (“Sneak Preview” features) in the Service for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and ClearView Systems is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions ClearView Systems may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back 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 data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.
You agree that ClearView Systems may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant ClearView Systems a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to ClearView Systems in any way. ClearView Systems will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to ClearView Systems through the Service, you are licensing that content to ClearView Systems solely for the purpose of providing the Service. ClearView Systems may use and store the content, but only to provide the Service to you. By submitting this content to ClearView Systems, you represent that you are entitled to submit it to ClearView Systems for use for this purpose, without any obligation by ClearView Systems to pay any fees or other limitations.
By using the Service, you expressly authorize ClearView Systems to access your Account Information maintained by identified third parties, on your behalf as your agent. ClearView Systems will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit ClearView Systems to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the tracking and refund information to you as part of the Service, you grant ClearView Systems a limited power of attorney, and appoint ClearView Systems as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN CLEARVIEW SYSTEMS IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, CLEARVIEW SYSTEMS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
ClearView Systems’ Intellectual Property 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 ClearView Systems or its software or content suppliers. ClearView Systems grants you the right to view and use LateShipment.com subject to these terms. 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 ClearView Systems’ express written consent, which may be withheld in ClearView Systems’ sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search LateShipment.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of LateShipment.com or the Service; or
- 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.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH LATESHIPMENT.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. CLEARVIEW SYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF LATESHIPMENT.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
CLEARVIEW SYSTEMS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON LATESHIPMENT.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CLEARVIEW SYSTEMS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. ClearView Systems 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 ClearView Systems 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 ClearView Systems’ Liability
CLEARVIEW SYSTEMS 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 OR THIS AGREEMENT, EVEN IF CLEARVIEW SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CLEARVIEW SYSTEMS’ 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 ClearView Systems
You shall defend, indemnify and hold harmless ClearView Systems and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Ending your relationship with ClearView Systems
This Agreement will continue to apply until terminated by either you or ClearView Systems as set out below. If you want to terminate your legal agreement with ClearView Systems, you may do so by closing your account for the Service.
Please use the directions below to cancel your account:
- Email firstname.lastname@example.org and ask to cancel your account.
- Your account will be closed and your ability to log in deactivated immediately.
- 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 ClearView Systems in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
ClearView Systems 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 ClearView Systems under this Agreement, shall be governed by the laws of the State of Florida without regard to its conflict or choice of laws provisions. Any dispute with ClearView Systems, 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 the county of Orange County, Florida, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case ClearView Systems may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, ClearView Systems is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
- 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 MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
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 ClearView Systems does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which ClearView Systems has the benefit of under any applicable law), this will not be taken to be a formal waiver of ClearView Systems’ rights and that those rights or remedies will still be available to ClearView Systems.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and ClearView Systems regarding the subject matter of the same, and supersedes all other previous agreements.