Terms and Conditions

Effective Date: January 9, 2023

Last Updated: January 9, 2023

These Terms and Conditions describe the rules that apply to websites operated by Mdd Capital Shipping and our affiliated entities (collectively “OD” “we”, “our,” or “us”), including www.mddcapitalshipping.com, ir.mddcapitalshipping.com, www.odmove.com, and insider.mddcapitalshipping.com (collectively the "Sites"), as well as online services such as our API web services (collectively, the “Services”). These Terms and Conditions govern any and all materials, documents, pages, software, text, images, video, audio, logos, slogans, user interfaces, visual interfaces, computer code, documents, graphics, simulations, product and service names, etc. (collectively “Content”) on the Sites and provided by our Services. The Sites and Services are offered to you ("User" or "you") conditioned upon your acceptance, without modification, of any and all of the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using the Sites, Services and Content, in any manner, you agree that you have read and understand this Agreement, and you will be bound by the terms and conditions herein. You further agree that this Agreement, together with our Privacy Policy, represents the complete and exclusive agreement between you and OD (collectively the “Parties” and individually a “Party”), and that this Agreement supersedes any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the Parties relating to the subject matter of this Agreement. If you do not accept all of the terms and conditions contained in or incorporated by reference into this Agreement, please do not use the Sites, Content or Services. Your continued use of our Sites, Services and Content is your agreement to these Terms and Conditions.

Modification of These Terms of Use

We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. Your continued access or use of the Sites, Services and Content signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Sites or Content will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.

Eligibility to Use Our Sites

Our Sites, Services and Content are not intended to be used by persons under the age of 18 years old. If you are under the age of 18, please do not use the Sites, Services, or Content offered by MDD. By continuing to use our Sites, Services and Content you represent and warrant that you are 18 years of age or older. If you are submitting information on behalf of a business entity or an individual other than yourself, you represent that you have the authority to bind that business entity or individual to the Agreement. We may, at our discretion for any reason, refuse an entity or individual use of the Sites and Services, refuse to accept an entity's or individual’s information, or, at any time, revoke an entity’s or individual’s continued use of the Sites and Services.

Permitted Use

You are permitted to use the Sites, Services and Content provided that you: (1) do not remove any proprietary notice language related to the Sites, Services or Content; (2) use the Sites, Services and Content for the purpose of conducting business with OD, and/or for informational purposes only – use of the Sites, Services and Content for other commercial purposes is strictly prohibited; (3) do not copy, post, distribute, or disseminate the Content on any website, networked computer, device, or media; and (4) do not modify the Sites, Services or Content. Any use of the Sites, Services or Content not expressly permitted by this Agreement is a breach of our Terms and Conditions and may violate copyright, trademark, and other laws.

You are hereby granted a non-exclusive license to use the Content on the Sites and Services including, where available and permitted, to email individual Content to others directly from the Sites and Services. You are also granted a limited license to print one copy of any Content posted on the Sites and Services, but only for the purpose of conducting business with OD and/or for informational purposes. Except as expressly provided above, all other rights are reserved to MDD.

To request permission to use Content posted on the Sites and Services for other than conducting business with OD and/or for informational purposes, please submit your request to privacy@mddcapitalshipping.com. Please include a description of your proposed usage of the Content, along with a link or copy of the Content requested and your contact information.

Restrictions on Use

THE UNAUTHORIZED COPYING, DISPLAYING, OR OTHER UNAUTHORIZED USE OF THE SITES AND SERVICES AND CONTENT IS A VIOLATION OF THE LAW.

When using the Sites, Services and Content, you agree to comply with all applicable laws, statutes, regulations, rules, etc., as well as this Agreement. You agree that you will not under any circumstances:

Access the Sites, Services, or Content for any reason other than to conduct business with OD and/or for informational purposes – use of the Sites, Services and Content for other commercial purposes is strictly prohibited;
Collect or harvest any personal information of any user of the Sites, Services or Content;
Collect or harvest information, including personal information, about visitors to the Sites without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
Resell, decompile, reverse engineer, disassemble, or otherwise convert any part of the Sites, Services and Content;
Upload, download, modify, publish, transmit, transfer, sell, copy, reproduce, republish, create derivative works, distribute, display, incorporate into other sites, or in any other way exploit the Sites, Services and Content, in whole or in part;
Use the Sites, Services or Content for any unlawful purpose or for the promotion of illegal activities;
Use the Sites, Services or Content to attempt to or to actually harass, abuse, or otherwise harm another person or group;
Use another user’s account without permission;
Intentionally allow an unauthorized user to access your account;
Provide false or inaccurate information when registering for an account;
Provide false or misleading information about yourself to OD, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any Content, message, or other communication;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if you are not expressly authorized by such party to do so;
Interfere or attempt to interfere with the proper functioning of the Sites, Services or Content;
Manipulate or otherwise display the Sites, Services or Content using framing, creating deep-links (except as provided on the “Tools” webpage) to the Sites or Services by bypassing the our home page, mirroring or similar navigational technology or directly link to any portion of the Sites or Services other than the main home page without authorization (contact privacy@mddcapitalshipping.com to request an authorized link);
Make any automated use of the Sites, Services or Content or related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
Bypass any robot exclusion headers or other measures we take to restrict access to the Sites, Services and Content, or use any software, technology, or device to scrape, spider, or crawl the Sites and Content, or harvest or manipulate data;
Probe, scan, test the vulnerability of or breach the authentication measures of the Sites or Services or any related Content, web pages, networks, or systems;
Circumvent, disable, or otherwise interfere with any security-related features of the Sites, Services and Content or features that prevent or restrict use or copying of Content, or enforce limitations on the use of Content accessible via the Sites and Services;
Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer;
Use or access the Sites, Services and Content in any way that, in MDD's sole judgment, adversely affects the performance or function of the Sites, Services and Content or interferes with the ability of authorized parties to access the Sites, Services and Content, including but not limited to any action that imposes, or may impose, in MDD's sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Use OD trademarks as metatags on other websites; and
Engage in, perform, or conduct any of the actions or activities identified below under “User-Generated Content”

Intellectual Property

You acknowledge and agree that OD retains ownership of all intellectual property rights of any kind related to the Sites, Services and Content, including all copyrights, trademarks, and other proprietary rights. The Sites, Services and Content are protected by United States and international copyright, trademark, patent, trade secret, trade dress, and other intellectual property, proprietary rights, and unfair competition laws. We reserve all rights that are not expressly granted to you in this Agreement. OD owns all rights, title and interest in the Sites, Services and Content, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the Sites, Services and Content, as well as the compilation of the content, code, data, and materials, including all intellectual property and proprietary rights. The Content of our Sites and Services is protected under United States and other copyright laws, and is the property of the MDD. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content contained in, or available through, our Sites and Services in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of OD is permitted. All words and symbols designated by ® or ™ and used on or in connection with our products or marketing materials on the Sites and Services or in the Content (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, OD or other owners that have granted OD the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content.

Any copying, distributing, transmitting, posting, linking, deep-linking or otherwise modifying the Sites, Services and Content without our express written permission is prohibited. Any violation of this section may result in copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. OD reserves the right to terminate your use of our Sites, Services and Content if you infringe our, or any other person’s, intellectual property rights. Other product and company names that are mentioned on the Sites and Services or contained in the Content may be intellectual property of their respective owners.

Electronic Communications

When you visit the Sites or send or accept electronic messages through the Sites, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent may prohibit you from accessing and using core functionalities of the Sites. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at privacy@mddcapitalshipping.com. You also confirm that your web browser is the current version of, or one of 2 prior versions, of Google Chrome, Firefox, and Safari.

If our system requirements change, we will post to the Sites notice of the revised requirements. Continuing to use the Sites after receiving notice of changes to the Sites is reaffirmation of your agreement to these Terms and Conditions.

Access to Invoice and/or Payment Information

By use of any of the features on our Sites containing invoice and/or payment information you certify that you represent each and every company or individual whose data is shown to you, and that you have been duly authorized by said companies to view invoice and/or payment information for each and every company or individual via the Sites. OD reserves the right to require a signed letterhead or other written authorized document from any and all companies or individuals for which you request access before allowing access to any company's or individual’s invoice and/or payment information.

If you should find that you have access to company or individual data that you are not authorized to use or view, you are required to contact OD immediately to have said account(s) removed from your account list. Failure to do so may result in denial of access to the Sites.

User-Generated Content

We offer features on our Sites and Services that allow users to share information and content such as reviews, photos, text, videos, suggestions, unsolicited ideas, or the like (“User Content”). We also allow you to share User Content with us by responding to one of our usage requests, or by tagging content you post on social media with our hashtag (#mddcapitalshipping).

Grant of License

By uploading or otherwise sharing User Content through our Sites and Services, by using any of our hashtags or by responding to a usage request made by us, you grant OD and our agents, affiliates, and related entities a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, sub-license, import, export, modify, and make derivative works of your User Content along with your name and/or social media handle in all digital and physical channels for any purpose including all promotional, marketing, advertising and other commercial and non-commercial purposes. OD may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion without any obligation or additional permission from you. You agree to waive any right you may have to be named in the User Content, and allow us to use your User Content without any reference or attribution.

Representations and Warranties

By using our Sites and Services, responding to our usage requests, or using any of our hashtags on social media, you represent and warrant that you: (i) have the right to transmit, distribute, replicate, and post any User Content you submit, (ii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content described in this Agreement, (iii) you hold the rights necessary to grant the licenses described herein, (iv) you have obtained the express consent of each person, if any, depicted in the User Content, (v) if any people pictured or mentioned are minors, you have obtained the express permission of their parents/guardians to have their image and/or name used by OD, (vi) your User Content, and OD’s use of that User Content as permitted under this Agreement, does not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and (vii) your User Content does not violate any law or other regulation and is not inappropriate under the rules described below. You expressly release the OD from any claims, damages, actions, or liabilities arising from our use of your User Content as permitted herein.

User Content Guidelines

If you choose to submit User Content through our Sites and Services or use any of our hashtags on social media, please use good judgment. By using our Sites and Services or using any of our hashtags on social media, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Sites and Services any of the following:

Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
Content that promotes illegal drug, tobacco or firearms use;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Content that identifies, or relates to, children under the age of 16;
Unsolicited promotions, political campaigning, advertising, contests, raffles, or links to other commercial sites;
Personal information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive, or destructive files;
Any Content that is unrelated to the topic of the forum in which such Content is posted;
Content that communicates messages inconsistent with the positive good will of OD;
Content or links to Content that, in the sole judgment of OD, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Sites; or
Content that exposes or could expose OD or any third party to any harm or liability of any type.

OD takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is OD liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. OD does not endorse any User Content or any opinion, recommendation or other advice expressed therein. OD is not liable for any statements, representations or User Content provided by its Users in any public forum, personal home page or other interactive area. Although OD has no obligation to screen, edit or monitor any User Content, OD reserves the right, and has absolute discretion, to remove, screen or edit without notice any User Content posted or stored on the Sites and Services at any time and for any reason. Any use of our Sites and Services, including submission of User Content, in violation of this Agreement may result in termination or suspension of your permission to use the Sites, Services and Content.

If it is determined that you retain moral rights (including rights of attribution or integrity) in User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by OD or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release OD, and its licensees, successors and assigns, from any claims that you could otherwise assert against OD by virtue of any such moral rights.

Digital Millennium Copyright Act Notice

OD respects the intellectual property rights of others. OD may, in appropriate circumstances and at its sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others. If you believe you have a copyright infringement claim related to the Sites, Services or Content, or other social network platforms operated by OD, or that the Sites or Services contain links or other references to another online location that contains material or activity that infringes your copyright, you may notify us and request removal of the allegedly infringing materials by submitting a written notification to our copyright agent containing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).

Our agent for notice of claims of copyright infringement on or regarding the Sites can be reached by mail: Mdd Capital Shipping, Inc., 500 Mdd Capital Way, Thomasville, NC 10001, Attention: DMCA Agent; by email: privacy@mddcapitalshipping.com; or by telephone: 1-617-669-3639.

Please provide our agent with the following information in writing (see 17 U.S.C. 512(c)(3)) for further detail):

Your physical or electronic signature;
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works related to the Sites, Services or Content, please provide a list of such works;
Specific identification of the content you believe to be infringing so that we may locate and identify the subject content;
Your contact information (name, postal address, telephone number, and, if available, email address);
A good faith statement that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
A statement that to the best of your knowledge and belief, the written notice is accurate; and
A statement that you are authorized to act on behalf of the copyright owner signed under penalty of perjury.

Privacy

OD respects the privacy of individuals who use our Sites, Services and Content. Please refer to OD’s Privacy Policy as incorporated herein, which explains how we collect, use, and disclose information that pertains to your privacy. With respect to any individual whose Personal Information, as defined by applicable law, is provided by you to OD, you represent to OD that you have obtained all necessary consents for the processing of such Personal Information contemplated by the services you are using, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

Security

Certain portions of our Sites, Services and Content are accessible only to users who have registered with the Sites and obtained login credentials (“Registered Users”). If you are a Registered User, you agree to accurately maintain and update any information about yourself and your account that you have provided to us. You further agree that you are responsible for all activities related to your Registered User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the Sites, Services or Content by emailing us at privacy@mddcapitalshipping.com or calling us at 1-617-669-3639.

We reserve the right to take any and all action we deem necessary or reasonable to maintain the security of the Sites, Services, Content, and your account, including, without limitation, terminating your account, disabling your access to your account and requiring a reset, or requesting information to authorize transactions on your account. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section and any unauthorized access to your account. To protect yourself from unauthorized access to your account information, OD highly recommends that you change your password frequently and do not share your password with anyone.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OD OR ANY OF THEIR EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITES, SERVICES AND CONTENT, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED IN THE SITES, SERVICES OR IN THESE TERMS AND CONDITIONS, THE PRODUCTS OR SERVICES PROVIDED THROUGH OUR SITES, OR YOUR ACCESS TO OR INABILITY TO ACCESS THE SITES, SERVICES AND CONTENT, OR ANY CONTENT OBTAINED FROM THE SITES, EVEN IF OD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OD’S TOTAL LIABILITY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS SUBJECT TO THESE TERMS OF USE, AN AMOUNT THAT IS THE GREATER OF ONE HUNDRED DOLLARS (USD $100.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE LAST YEAR FOR ACCESS TO OUR SITES, SERVICES AND CONTENT. YOU ACKNOWLEDGE THAT OD WOULD NOT PROVIDE ACCESS TO OUR SITES, SERVICES AND CONTENT IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE AGREEMENT. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY. IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, OD’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Disclaimer of Warranties

OD SITES, SERVICES AND CONTENT, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THEM, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OD HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITES, SERVICES AND CONTENT, AND ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITES OR CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE OD SITES, SERVICES AND CONTENT IS AT YOUR SOLE RISK AND THAT OD IS NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITES, SERVICES OR CONTENT, OR ANY PRODUCTS AND SERVICES SOLD THROUGH THEM. YOU FURTHER AGREE TO ASSUME THE ENTIRE COST OF ANY AND ALL DAMAGE, SERVICING, REPAIR, OR CORRECTION TO YOUR DEVICE, COMPUTER SYSTEM, OR OTHER EQUIPMENT DUE TO YOUR USE OF THE SITES, SERVICES AND CONTENT, OR ANY PRODUCTS AND SERVICES SOLD THROUGH THEM. NEITHER OD NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITES, SERVICES AND CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, SERVICES AND CONTENT, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITES AND SERVICES, (C) THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT OR INFORMATION OFFERED THROUGH THE SITES AND SERVICES, OR (D) THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THE SITES, SERVICES AND CONTENT, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.

The above disclaimer applies to any liability, damages, or injury caused by any error, omission, interruption, deletion, defect, failure of performance, etc., related to operation of the Sites, Services or Content, whether for breach of contract, tort, negligence, or any other cause of action.

OD reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of the Sites, Services and Content; (2) to suspend or terminate your access to the Sites, Services and Content; (3) to modify or change the Sites, Services and Content as well as this Agreement; and (4) to suspend or interrupt the operation of the Sites, Services and Content, or any portion of the Sites, Services and Content, as required to perform routine or non-routine maintenance, system updates, or other modifications.

Indemnification

You agree to indemnify, defend, and hold harmless OD, its respective directors, officers, agents, partners, investors, shareholders, employees, successors and assigns from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your use of the Sites, Services and Content, your breach or alleged breach of this Agreement (including but not limited to the warranties related to your User Content), or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of OD or third parties.

You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge OD and each of its directors, officers, agents, partners, investors, shareholders, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys' fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Sites, Services and Content.

Termination

You agree that OD, in its sole discretion, may terminate or suspend your use of or access to the Sites, Services and Content at any time for any reason without prior notification even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Sites, Services and Content, and (b) destroy any copies you have made of any portion of the Sites, Services and Content, including User Content. Any use of, attempted use of, or attempted access to the Sites, Services or Content after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that OD shall not be liable to you or any third party for any termination or suspension of your access to the Sites, Services and Content.

Links to Third Party Sites, Services and/or Content

Our Sites, Services and Content may contain links to third party sites, services and content. Such third party sites, services and content are not under our control and we are not responsible for the operation, policies, practices, terms, etc. of such sites or content. OD provides links to third party sites, services and content as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party sites, services or content. If you decide to access any third party site, services or content linked to our Sites or Content, you do so entirely at your own risk. Third party sites, services and content are subject to their own terms and policies, including privacy and information gathering practices. OD MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY THIRD PARTY SITE, SERVICES OR CONTENT LINKED TO OUR SITES OR CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY.

General

You agree to use the Sites, Services and Content in strict compliance with all applicable laws, rules, rulings, and regulations and in a fashion that does not, in the sole judgment of OD, negatively reflect on the goodwill or reputation of OD and shall take no actions that would cause OD to be in violation of any laws, rules, rulings or regulations applicable to MDD.

OD and our Sites, Services and Content are based in the United States. The Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without reference to the principles of conflicts of law of that state or any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of North Carolina, or the courts of the United States located in Guilford County, North Carolina and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of, or relating to, your use of the Sites, Services and Content. Any and all claims under this Agreement must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. Use of the Sites, Services and Content is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in full force and effect.

This Agreement, together with our Privacy Policy as incorporated herein, constitutes the entire agreement between you and OD with respect to the Sites, Services and Content and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and OD with respect to the Sites, Services and Content. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact OD

If you have any questions or comments about this Agreement, or your use of our Sites, Services and Content, please contact us:

By mail:

Mdd Capital Shipping, Inc.

500 Mdd Capital Way,

Thomasville, NC 10001,

Attention: Privacy Inquiries

By telephone: 1-800-235- 5569

By email: privacy@mddcapitalshipping.com

Mdd Capital Shipping, Inc. Terms & Conditions