NOTICE:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE NOR ANY PAGES THEREOF.

This Access and Terms of Use Agreement describes the terms and conditions applicable to your use of the opersoft.com domain (the “Site or Website”). This Agreement is entered between you as the user (“User”) and OperSoft LLC, USA (“OperSoft”). By accepting the terms and conditions contained in this Agreement, you accept the terms and conditions that govern your access to, and use of, the Site and acknowledge your agreement of them. This Agreement contains important terms and conditions that may affect your legal rights and responsibilities. In order to use the Site you must read, understand and agree to this Agreement.
 
Access and Terms of Use Agreement, effective as of January 02, 2008.

This Access and Terms of Use Agreement (“Agreement”) states the terms and conditions that govern your use of the Site. Access is provided to you individually (“you” or “your”) or in your capacity as an authorized person representing a Shipper, Freight Forwarder or a Banker. This Agreement is in addition to, and does not supersede any other agreements between OperSoft or any of its subsidiaries and you.

Use: You understand and acknowledge that except as may be provided in this Agreement, materials and information posted on the Site, including third party data, may not be downloaded, duplicated, copied, re disseminated or redistributed, including without limitation, making any such information available via the Internet or any other electronic means of access. You agree that the foregoing prohibitions shall survive the termination of Access Agreement.

Disclaimer: You understand that neither OperSoft nor any other person that supplies information to OperSoft for posting on the Site guarantees the timeliness, accuracy or completeness of any data or other information. Information posted on the Site is made available as of their stated date or as on the date of first posting. Neither OperSoft nor any other party has undertaken any duty to update any such information or data. You agree that neither OperSoft nor any other third party service providers will have any liability to you for any untimely, inaccurate or incomplete information, any failure, interruption or delay in the transmission of any information, or any loss or damage resulting therefrom.

Content: You hereby understand and agree that the Website is designed solely for the purpose of providing comparison information on listed services and products. It is not intended to be used as a means of completing a commercial transaction. You agree to abide by all terms and conditions of any service or product provider you contact or access through the Site. OperSoft provides various services to assist you in comparison shopping for freight forwarding and other products and services. OperSoft provides information regarding products and third party merchants, and links to third party merchants. Payment is made to OperSoft by merchants or other third parties to list products on the Site. The products listed on the Website are sold by third party merchants, and OperSoft does not sell, resell or license any products or services listed on the Site, nor is OperSoft acting as an agent of sale for such products or services. You agree and acknowledge that any concerns, question, complaints or claims relating to such products and/or services should be directed to the appropriate partner.

Modifications: The terms and conditions of the Access Agreement are subject to change. You hereby agree and acknowledge that OperSoft may modify the terms and conditions of this Agreement by any reasonable means, including without limitation, posting the modified agreement with its new terms and conditions on the OperSoft.com website. All modified terms and conditions shall take effect immediately after such posting on the Site. You agree that OperSoft may discontinue, modify or suspend the services offered through the Site or the operations of the Site at anytime without notice and without any liability or responsibility to you. You agree that your access to the Site is revocable at any time in the sole discretion of OperSoft.

Confidentiality, Compliance with Law: You agree to treat all information on the website as strictly confidential and not to disclose or allow such information to be disclosed to any unauthorized party or in any unauthorized way. You agree that you will not engage in any activities related to the Site that are contrary to the applicable laws or the terms of this or any other Agreement that you have with OperSoft. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor, copy web pages from the Site, data or the content contained herein or any other unauthorized purpose without OperSoft’s prior written permission.

Minors/Children: The Site is not intended for the use of anyone under 18 years of age. As a condition of your access and/or use of this Website, you warrant that you are 18 years old or older and have legal authority to enter into this Agreement. If you are not 18 years of age or older, you are not authorized to access and/or use any information, products, or services on the Site.

Suitability and Appropriatenesss: You understand and acknowledge that your particular needs, requirements, necessities, objectives and financial situation were not taken into account in the preparation of the Site and the materials contained herein. You must make your own independent decisions regarding any offers or solicitation made on the Site. The fact that OperSoft has made available to you through the Site, inter alia, commercially useful information on shippers, shipping, freight forwarders, quotes for various services and bank information constitutes neither a recommendation nor a representation that any such offer is suitable or appropriate for you. In the light of your business requirements and commercial prudence and financial circumstances, you are the sole person to make any decision.
Third Party Material: OperSoft’s business partners, associates and such other parties interested in using the Site have prepared, provided or as the case may be, posted the information, materials and data for the relevant sections of the Site (“Third Party Materials”). Each such above mentioned party is responsible for the accuracy and completeness and lawfulness of the contents of such Third Party Materials. OperSoft does not have any responsibility for or control over the contents of Third Party Materials unless otherwise expressly provided. OperSoft makes no representation that Third Party Materials are free from any claims of copyright, trademark or patent or other rights of any persons claiming rights in such materials. Posting Third Party Materials on the Site does not imply any endorsement, adoption of responsibility by OperSoft for the opinions, products, services offered therein. OperSoft assumes no liability for inaccuracy or incompleteness in any content on the Site, including, but not limited to search results, shipping rates, service terms, service charges, interest rates, interest calculation method, guarantee to ship, guarantee to pay and identity of user.

User Data, Cookies and Related Matters: OperSoft or any member of the OperSoft group of companies and their affiliates and agents (including those in countries where data protection laws might not exist) may process the personal data gathered on the Site.
OperSoft will take reasonable steps to ensure that your privacy is protected and take steps to ensure that data is kept secure against unauthorized access, loss, disclosure or destruction. If you have any questions regarding collection, use and disclosure of information inputted onto or generated by the Site, please contact us at contact@opersoft.com. You expressly authorize us to provide information about your use of the Site to our business partners, associates and other parties using or partnering with the Site and/or OperSoft.

OperSoft may capture, store, use, monitor track and record information that you enter and the results generated by applications that you use within the Site for its legitimate business purposes, including customer service and marketing purposes. OperSoft uses cookies and other similar methods to accomplish this.  You expressly consent to such data capturing, monitoring, storing and using of data, including but not limited to, distribution, licensing and sales of any aggregated data reflecting user interactions with the Site which does not include individual transaction details arising from the use of the Site, in accordance with any regulatory requirements. OperSoft uses cookies for your security, for statistical and evaluation purposes including tracking when and which pages of the Site users visit and what information users are interested in accessing.

Copyright Notices: The content contained in the Website, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by OperSoft. Except as otherwise expressly stated herein, they may not be copies, transmitted, disseminated, displayed, performed distributed (for compensation or otherwise), altered or stored for subsequent use or otherwise used in whole or in part without OperSoft’s prior written consent.
Website content and materials: Not all products and services advertised or offered on the Site are available to all or in all geographic areas. Your eligibility for particular product or services is subject to final OperSoft and/or, as the case may be, its business partners’ determination and acceptance. The Shippers, freight forwarders and other suppliers listed on the Site are independent contractors and not agents or employees of OperSoft or its affiliates. OperSoft and it’s affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from the use of said suppliers.
Links to other websites: Links to non OperSoft websites are provided solely for informational purposes on topics that may be useful to the users of the Site and OperSoft has no control over the content on and the terms of usage of such websites. Links to non OperSoft websites do not imply any endorsement or adoption of or responsibility for the opinions, ideas, products, information or services offered at such sites.
Disclaimer of Advice: The Site does not purport to provide any financial, investment, tax, accounting or legal advice. OperSoft is acting in the capacity of an arm’s length contractual service provider. You acknowledge that except as otherwise expressly stated in this Agreement, no business relationship, including but not limited to, a joint venture, partnership, employment, or agency relationship exists between you and OperSoft as a result of this Agreement or use of the Site.
Notice of Potential Disruption of Services: Access to the Site may from time to time be unavailable, delayed, limited or slowed due to, among other things, hardware failure, including failures of servers, networks, telecommunication lines and other electronic and mechanical equipments, software failures, including bugs, viruses, firewalls, overloading of system capacities, force majure events, governmental or regulatory restrictions and any other cause, beyond the control of OperSoft. If your operations are dependent on communications, operations and conducting of transactions, on the Site and if there are, such delays in communications, operations and conducting of transactions on the Site you may suffer losses.

LIMITATION OF LIABILITY: BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERRORS, AS WELL AS OTHER FACTORS, OPERSOFT AND THIRD PARTY SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SITE. ALL SUCH INFORMATION IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ TO THE USER WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PURPOSE. FURTHERMORE, OPERSOFT IS NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS OR HARMFUL CODE OR OTHER DEFECT IN THE SITE.
EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN OPERSOFT AND YOU, OPERSOFT WILL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO THE USER OR ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF THE SITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THE SITE. OPERSOFT WILL UNDER NO CIRCUMSTANCES BE LIABLE TO THE USER OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION FOR ANY LOST PROFITS, OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF OPERSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPERSOFT’S LIABILITY UNDER THIS AGREEMENT, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, DESCRIBED HEREINABOVE, IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO OPERSOFT FOR ACCESSING AND USING OF THE WEBSITE  IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND $100.

Indemnification: You agree to hold harmless and indemnify OperSoft, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your accessing of the Site or use of the Services made available through the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, OperSoft will provide you with written notice of such claim, suit or action.

Governing Law: This Agreement and your use of the Site shall be governed by the laws of the State of California, without reference to principles of conflict of laws.

Certain sections or pages on the Site may contain separate terms and conditions or disclaimers, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions or disclaimers will govern for those sections or pages.

You understand and acknowledge that each of the policies, procedures and terms and conditions including but not limited to the policies, procedures and terms and conditions governing privacy, security, terms of use and terms of service made available on the Website, are hereby incorporated by reference to AGREEMENT BETWEEN YOU AND OPERSOFT DATED AS OF JANUARY 02, 2008 referred to above and made a part thereof.

You understand and acknowledge that each of the policies, procedures and terms and conditions including but not limited to the policies, procedures and terms and conditions governing privacy, security, terms of use and terms of service made available on the Website, may be amended or modified from time to time and any such amendment or modification will be notified to you by any reasonable means deemed appropriate by OperSoft, including making such amended or modified policy, procedure or terms and conditions documents, as the case may be, available on the Website.

In the event any of the terms or provisions of this Agreement shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest on the intention underlying the unenforceable term or provision.

Any acknowledgement, agreement or other type of click through button on the Site that is selected to evidence agreement or an acknowledgement shall have the same force and validity as a paper copy of an agreement that has been manually signed and delivered. You will be responsible for all messages or instructions entered, transmitted or received under your user ID or passwords, and for the consequences thereof, whether or not an authorized personnel has inputted or communicated under such user ID or passwords.