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.
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.
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.
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 email@example.com, however, if you choose to withdraw consent, Optimum Logistics LLC
may terminate your LoadPlanner.com account or access to the LoadPlanner.com service.
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.
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
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.
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.