User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account'). You must be at least 18 years of age, or the age legal majority in your jurisdiction (if different than 18) and authorized by the company or entity you represent, to obtain an Account. Account registration requires you to submit to ICTSI certain personal and/or company information. such as the information mentioned above and such other additional details which may be required from time to time_ You agree to maintain accurate, complete. and up-te-date information in your Account. Your failure to maintain accurate, complete and up-to-date Account information may result in your inability to access and use the Services or ICTSI's termination of this agreement with you. You are responsible for all activity that occurs under your account, and, as such, you agree to maintain the security and secrecy of Account username and password at all times. Unless otherwise permitted by ICTSI in writing, you may only possess one Account. All improper, irregular or fraudulent transaction made under your Account shall be your liability. 'User" shall be limited to customs brokers, freight forwarders, shipping lines, importers, exporters, truckers and their authorized representatives. "Services" refer to Advanced Customer Transaction System orOPS.
Use Requirements and Conduct. The Services is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You agree to comply with the user manual,OPS guidelines to be distributed by ICTSI and with all applicable laws when using the Services. You may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to ICTSI or any other third party. In certain instances, ICTSI may require you to provide proof of identity or authorization from the company or entity you represent to access or use the Services, and you agree that you can be denied access or use of the Services if you refuse to provide proof of identity or authority.
Disclaimers; Limitation of Liability; Indemnity ICTSI disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, ICTSI makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any good or services obtained through the use of the Services, or that the services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Services, and any third party good or services obtained in connection therewith remains solely with you, to the maximum extent permitted by applicable Law. This disclaimer does not alter your right as a consumer to the extent not permitted under the law in the Jurisdiction of your place or residence.
Limitation of Liability. ICTSI shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage. even if ICTSI has been advised of the possibility of such damages. ICTSI shall not be liable for any damages, liability or losses incurred by you arising out of: (i) YQ!!I: use or reliance on the services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any other third party. ICTSI shall not be liable for delay or failure in performance resulting from causes beyond ICTSI's reasonable control. These Limitations do not purport to limit liability that cannot be excluded under the Law in the Jurisdiction of your place of your residence.
Indemnity You agree to indemnify and hold ICTSI and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney's fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) ICTSl's use of your User content; or (iv) your violation of the rights of any third party, including ICTSI.