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License

The access to the LoadPlanner.com service (the "Service") is being licensed to you by Optimum Logistics LLC (the "Company") free of charge, and is provided to you on an "AS IS" basis, for your educational or business use, subject to the terms and conditions of this end user license agreement (the "Agreement"). Please read this Agreement in full before using the Service.

Representation

You represent and warrant that you have the adequate legal capacity to enter into this Agreement. You further represent and warrant that you will use the Service only for lawful purposes and in accordance with this Agreement, and that you will not use the Service to violate any law, regulation or ordinance or any right of Optimum Logistics LLC, or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark.

Limited Liability

IN NO EVENT WILL OPTIMUM LOGISTICS LLC BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICE OR ANY OTHER INFORMATION, EVEN IF OPTIMUM LOGISTICS LLC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE SERVICE OR ANY OTHER INFORMATION.

IF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OPTIMUM LOGISTICS LLC LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Changes of Functionality

The access to the LoadPlanner.com service granted to you, or to any other user, and the availability and functionality of any LoadPlanner.com service feature and function, may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by Optimum Logistics LLC in its sole discretion. Optimum Logistics LLC may elect to, but is not obligated to, introduce or grant different grades of Service and different levels of access or no access at all and different priorities to different users or to different functions, that may cause functionality change, limitation or termination of, or addition to, the functionality of features in earlier versions still in use, including functionality changes in privacy and security features, at any time without notice, at its sole discretion. You agree to bear the risks of and hold Optimum Logistics LLC harmless for any and all effects that the Changes of Functionality may have on you and your ability to use the Service.

Communications

Representatives of Optimum Logistics LLC may send (i) notices about your use of the LoadPlanner.com service, including any notices concerning violations of use, (ii) updates, and (iii) promotional information, to your e-mail address. You may withdraw your consent to receive e-mail communications from Optimum Logistics LLC by sending e-mail to admin@loadplanner.com, however, if you choose to withdraw consent, Optimum Logistics LLC may terminate your LoadPlanner.com account or access to the LoadPlanner.com service.

Information Security

Under normal operating conditions any data you may upload or populate in the LoadPlanner.com database is inaccessible by other LoadPlanner.com or Internet users. However, note that LoadPlanner.com service, as most Internet applications, is vulnerable to various security issues and hence should be considered unsecured.

If you do not wish to be subjected to information security related risks, you are advised not to use the LoadPlanner.com evaluation service. Furthermore, please do not use LoadPlanner.com evaluation service for "Mission Critical" or "Content Sensitive" applications and purposes. "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be accessible to other Internet users.

Privacy Policy

Optimum Logistics LLC will not rent, sell, or share your e-mail address or any other information or data, you may upload or populate in the LoadPlanner.com database, with other nonaffiliated individuals and companies without your written permission. However, Optimum Logistics LLC will permit authorized officers of the court access to all available and relevant information only to comply with valid legal process such as a search warrant, subpoena or court order.

Optimum Logistics LLC reserves the right to transfer your information and data in the event of a transfer of ownership of the company, such as acquisition by or merger with another company. In such an event, Optimum Logistics LLC will notify you before information is transferred and becomes subject to a different Privacy Policy.

Support

You understand that you use the LoadPlanner.com service at your own risk and that any assistance or support for your use of the Service is provided to you only as a convenience with no explicit or implicit obligations.

Export Control

You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the LoadPlanner.com any data or software that cannot be exported without prior written government authorization.

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