Terms of Use
Last Modified: February 1, 2022
Acceptance of the Terms of Use
These terms of use are entered into by and between User and Last Mile Lookup, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use" or "Terms"), govern User’s access to and use of lastmilelookup.com (the "Website") and the information services (the "Services") offered on or through the Website.
Please read these Terms of Use carefully. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available, User accepts and agrees to be bound and abide by these Terms of Use and our Privacy Policy, found at lastmilelookup.com/privacy, incorporated herein by reference. If User does not agree to these Terms of Use or the Privacy Policy, User must not access or use the Website or the Services.
This Website and the Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If User is using this website on behalf of an entity, User affirms that he/she has authority to bind the entity to these Terms. By using this Website, User represents and warrants that User is of legal age to form a binding contract with the Company and meets all of the foregoing eligibility requirements. If User do not meet all of these requirements, User must not access or use the Website or the Services offered on or through the Website.Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or the Services thereafter.
User’s continued use of the Website following the posting of revised Terms of Use means that User accepts and agrees to the changes. User is expected to check this page each time User accesses this Website so User is aware of any changes, as they are binding on User.Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.User is responsible for both:
Making all arrangements necessary for User to have access to the Website.
Ensuring that all persons who access the Website through User’s internet connection and/or on User’s behalf are aware of these Terms of Use and comply with them.
To access the Website or the resources it offers, User may be asked to provide certain registration details or other information. It is a condition of User’s use of the Website that all the information User provides on the Website is correct, current, and complete. User agrees that all information User provide to register with this Website or otherwise is governed by our Privacy Policy lastmilelookup.com/privacy, and User consents to all actions we take with respect to User’s information consistent with our Privacy Policy.
Following payment for Services, User shall choose, or be provided with, a user name, password, or any other piece of information as part of our security procedures. User must treat such information as confidential, and User must not disclose it to any other person or entity. User agrees to notify us immediately of any unauthorized access to or use of User’s user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, User have violated any provision of these Terms of Use.Services
Company provides certain information and materials (the "Service Material") related to permitting and licensing to those Users who engage Company to provide the Services. In addition to the other Terms set forth herein applicable to all users of the Website, the following terms are applicable to any User using the Services.
Fees. Company charges a fee for accessing the Services. If, at any time, User has not paid all fees then due, Company may restrict User’s access to the Services until such time as all fees have been paid.
Termination of Services. The Services are noncancelable and nonrefundable. If User terminates the Services without cause before the Services are completed, User shall pay the full cost of the Services. If Company terminates the Services, User’s sole remedy will be a refund of the pro-rata amount (if any) of any prepaid amounts for Services that User has not yet used at the time of termination. Company may immediately terminate or suspend User’s use of the Services due to User’s breach of these Terms, and User shall not be entitled to a refund in such case.
Service Material. Service Material comes from a variety of sources. Some of this Service Material originates from Company, but much of the Service Material originates from other sources. For example, the licensing information available through the Services originate from the licensing authorities for such license. Company is not responsible for and does not endorse any Service Material that does not originate from Company and cannot and does not accept any liability with respect to any such Service Material. All Service Material, including Service Material originating from Company, is provided to User “as is” for User’s use in accordance with these Terms only. Company makes no representations or warranties with respect to any Service Material.
Limited License. User is granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Service Material solely for User’s internal business operations in accordance with these Terms. User shall not copy, reproduce, distribute, circulate, publish, broadcast, display, sell, license, modify, create derivative works of or otherwise exploit any of the Service Material in any manner and for any purpose whatsoever without the prior written consent of Company, provided that User can make a reasonable number of copies of Service Material for User’s internal business purposes. User is responsible for (i) ensuring its representatives that receive Service Material comply with these Terms and (ii) any breach of these Terms by its representatives. User represents and warrants that neither User or its representatives is a competitor of Company. User shall not, directly or indirectly, permit any third party to use the Services or Service Material or offer or use the Services for the benefit of any third party. User shall not develop, market, license or sell a product or service which appropriates or uses any Service Material.
Ownership. Company and its licensors retain and own all right, title, and interest in the Services, the Service Material, Company Confidential Information (as defined below), and all enhancements or improvements to, or derivative works of, the foregoing, including any intellectual property rights therein.
Company’s Rights. Company reserves the right, in its sole discretion, to (i) revise the Service Material; (ii) impose rules for and limits on use of, or access to, the Services; (iii) restrict User’s access to part, or all, of the Services without notice; or (iv) change, suspend, or discontinue any aspect of the Services. Company will not be liable to User or to any third party for taking any of these actions. Company reserves the right to suspend or terminate User’s access to the Services at any time for any reason, including as a result of a violation of these Terms, without notice.
Intellectual Property Rights
The Website and its entire contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and any trademarks used in connection therewith (collectively the "Intellectual Property") are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit User to use the Website for User’s personal or business use only. User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
User’s computer may temporarily store copies of such materials in RAM incidental to User’s accessing and viewing those materials.
User may store files that are automatically cached by User’s Web browser for display enhancement purposes.
User may print or download a reasonable number of pages of the Website for User’s own use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, User may download copies to User’s computer or mobile device solely for User’s own use, provided User agree to be bound by our end user license agreement for such applications.
User must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
The Company name, the terms Last Mile Lookup, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. User must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
No right, title, or interest in or to the Website or any content on the Website is transferred to User, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.Company Confidential Information.
Company Confidential Information. "Company Confidential Information" means the Service Material as compiled by Company, Company’s Intellectual Property, and all non-public information relating to Company’s business plans, data, designs (whether actual, contemplated, experimental, or planned), financial information, know-how, methods, pricing, products (whether actual, contemplated, experimental, or planned), security policies and processes, source and object code, and strategies.
Exclusions. Confidential Information does not include information that: (i) is or becomes generally known to the public without the breach of any obligation owed to Company; (ii) has been rightfully received by the User from a third party without confidentiality restrictions; or (iii) has been independently developed by the User without use of or reference to the Company’s Confidential Information.
Disclosures Required by Law. If any applicable laws or judicial or administrative order requires the User to disclose any of the Company’s Confidential Information then, if legally permitted, the User shall promptly notify the Company in writing prior to making any such disclosure, in order to facilitate the Company’s efforts to protect its Confidential Information. Following such notification, the User shall cooperate with the Company, at Company’s reasonable expense, in seeking and obtaining protection for the Company’s Confidential Information. If, in the absence of a protective order or other remedy or the receipt of a waiver by the Company, the User is legally compelled to disclose Confidential Information by any tribunal, regulatory authority, agency, or similar entity, the User may disclose only that portion of the Confidential Information that is legally required to be disclosed and the User shall exercise its best efforts to preserve the confidentiality of the remaining Confidential Information.
Restrictions on Use and Disclosure. Subject to the permitted disclosures set forth in Section 6(c), the User shall hold Confidential Information in strict confidence and shall not disclose or authorize the disclosure of Confidential Information to third parties except as otherwise permitted by an agreement in writing, signed by both parties. The User may disclose Confidential Information to a representative or service provider on the condition that the User: (i) ensures that such representative or service provider is bound by a written agreement or other legally binding obligation of confidentiality and restricted use at least as protective as these Terms and (ii) is fully responsible for such representative’s or service provider’s disclosure and use of the Confidential Information and its compliance with the obligations of the User under this Section 6(d). The User shall protect Confidential Information of the Company from unauthorized access and disclosure using the same degree of care, but in no event less than a reasonable standard of care, that it uses to protect its own Confidential Information of a similar nature and shall not reverse engineer, decompile, or disassemble any such Confidential Information.
Data Privacy.
Use of User Data. Company may retain, use, and disclose certain personal information about users (“User Data”) (i) to fulfill its obligations to User under the Agreement; (ii) to provide User support; (iii) for internal business purposes in order to maintain, evaluate, develop, and improve Company’s services; or (iv) to comply with applicable laws. Company’s use of User’s names and emails is governed by the Privacy Policy available at lastmilelookup.com/privacy, which describes how to manage individual communication preferences. Each party shall be responsible for informing its own representatives of the processing of their personal data as provided in the Agreement.
Aggregate Data. Company may create, generate, and use Aggregate Data for any lawful purpose. “Aggregate Data” means de-identified and anonymized sets of data derived from the data of multiple Users (including User Data) for the purpose of expressing that information in summary form. Aggregate Data does not include any personal information relating to User or other information that could reasonably identify a natural person or a specific user.
Prohibited Uses
User may use the Website only for lawful purposes and in accordance with these Terms of Use. User agrees not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, User agrees not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information; No Guarantee; No legal or tax advice
Although Company strives to ensure that the material and any other information or data contained on the Website or provided as part of the Services is current and accurate, Company is dependent on third parties, including state and local governmental agencies, to timely update and provide information that affects such materials. In addition, many regulations rapidly change and require interpretation by qualified professionals. User understands and agrees that Company does not warrant the accuracy, completeness, or usefulness of this information and User uses and relies upon the materials Services at User’s own risk. User acknowledges that Company cannot guarantee that any materials provided as part of the Services or otherwise is accurate or current. User bears full responsibility to determine the applicability of the output generated by the Services and to confirm its accuracy. User is encouraged to conduct due diligence and seek the assistance of qualified professionals on matters requiring professional advice. The Company does not provide legal or tax advice.
We disclaim all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to User or any third party, for the content or accuracy of any materials provided by any third parties.Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About User and User’s Visits to the Website
All information we collect on this Website is subject to our Privacy Policy lastmilelookup.com/privacy. By using the Website, User consent to all actions taken by us with respect to User’s information in compliance with the Privacy Policy.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from User’s use of them. If User decide to access any of the third-party websites linked to this Website, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If User access the Website from outside the United States, User does so on User’s own initiative and User is responsible for compliance with local laws.
Disclaimer of Warranties
USER’S USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT USER’S OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Company specifically disclaims any representations or warranties that any governmental information (including, but not limited to, information regarding LICENSING OR PERMITTING requirements) is accurate, current, or applicable to User or User’s business. Company and its Affiliates cannot and do not accept any liability for delays, errors or omissions in the information provided by licensing authorities or other governmental or third-party information providers or their filing or recording systems. Company and its Affiliates expressly disclaim all liability for penalties, fees, or interest arising out of or relating to ANY REQUIREMENTS OF A LICENSING OR GOVERNING AUTHORITY. The remedies described in this section are User’s only remedies for any breach of warranty, covenant, or any other claim.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1,000.00 OR THE AMOUNT USER PAID TO THE COMPANY FOR THE APPLICABLE CONTENT IN THE LAST SIX MONTHS BEFORE THE CLAIM AROSE. COMPANY SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.
The limitation of liability set out above does not apply to liability resulting from our willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Indemnification
User agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to User’s violation of these Terms of Use or User’s use of the Website or the Services, including, but not limited to, any use of the Website’s content or services other than as expressly authorized in these Terms of Use, or User’s use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website, the Services, these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in the City of Atlanta and County of Fulton, although we retain the right to bring any suit, action, or proceeding against User for breach of these Terms of Use in User’s country of residence or any other relevant country. User waives any and all objections to the exercise of jurisdiction over User by such courts and to venue in such courts.Arbitration
At Company's sole discretion, it may require User to submit any disputes arising from these Terms of Use or use of the Website or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Force Majeure. We will not be liable or responsible to User, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.No Third-Party Beneficiaries. These Terms of Use do not and are not intended to confer any rights or remedies upon any party except User and Company.
Entire Agreement
These Terms of Use, our Privacy Policy, and, if applicable, any order confirmation or invoice related to the Services constitute the sole and entire agreement between User and Last Mile Lookup, LLC and they supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding use of the Website or the Services.
Comments and Concerns
This website is operated by Last Mile Lookup, LLC, 11890 Wexford Club, Dr., Roswell, GA 30075
All feedback, comments, requests for technical support, and other communications relating to the Website or the Services should be directed to: admin@lastmilelookup.com