Terms and Conditions of Use

Effective Date: January 1st, 2025

Welcome to Order Processing and Logistics LLC (OPAL) web application (the “Application”). These Terms and Conditions (“Terms”) govern your access to and use of the Application. By accessing or using the Application, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Application.

Overview

This Terms of Service Agreement (this “Agreement”) is entered into between OPAL and you, and becomes effective as of the date you use this Application. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Changes to Terms

OPAL, in its sole and absolute discretion, may change or modify this Agreement, along with any policies or agreements incorporated herein, at any time. Such changes or modifications will become effective immediately upon being posted to this Application. Your continued use of the Application after such changes constitutes your acceptance of the revised Terms. If you do not agree to be bound by this Agreement as last revised, you must discontinue using the Application.

Eligibility

This Application is available only to individuals who can form legally binding contracts under applicable law. By using the Application, you confirm that you are at least 18 years old, have the legal capacity to agree to these Terms, and are not prohibited from using the Application under the laws of the United States or any other applicable jurisdiction.

Description of Service

The Application provides functionality for the order fulfillment area. OPAL reserves the right to modify, suspend, or discontinue any part of the Application at any time without prior notice.

User Accounts

To access certain features of the Application, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your Account information accurate and up to date.
• Maintain the security of your account credentials. OPAL recommends changing your password at least once every three months.
• Accept sole responsibility for all activity that occurs on your Account, whether authorized by you or not.
• Notify OPAL immediately of any unauthorized use of your Account or any breach of security

OPAL reserves the right to suspend or terminate your Account if you violate these Terms or provide false information. OPAL will not be liable for any loss you incur due to unauthorized use of your Account. However, you may be held liable for any loss OPAL incurs as a result of your Account, whether caused by you, an authorized person, or an unauthorized person.

User Responsibilities

You agree to use the Application only for lawful purposes and in accordance with these Terms. You must not:

• Use the Application in any way that violates applicable laws or regulations.
• Engage in any activity that disrupts or interferes with the Application’s functionality.
• Attempt to gain unauthorized access to the Application, its servers, or networks.
• Upload or share content that is illegal, harmful, defamatory, or infringes on the rights of others.
• Promote, encourage, or engage in terrorism, violence against people, animals, or property.
• Promote, encourage, or engage in the exploitation of children.
• Promote, encourage, or engage in spam, unsolicited bulk email, or computer or network hacking.
• Infringe on the intellectual property rights of another user or any other person.
• Perform any false, abusive, or fraudulent activity.
• Upload or install any files that contain viruses, worms, bugs, Trojan horses, or other malicious code.

License to Use the Application

OPAL grants you a non-exclusive, non-transferable, revocable license to access and use the Application in accordance with these Terms. This license is for personal or internal business use only. You may not sublicense, lease, rent, or otherwise transfer your rights to the Application.

Intellectual Property

All content, features, and functionality of the Application, including but not limited to text, graphics, logos, and software, are the property of OPAL or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works based on the Application without OPAL’s prior written consent.

Privacy

Your use of the Application is subject to OPAL’s Privacy Policy, which explains how OPAL collects, uses, and protects your personal information. By using the Application, you agree to the terms of the Privacy Policy. Please review OPAL’s Privacy Policy before using the Application.

Third-Party Links and Services

The Application may contain links to third-party websites or services. OPAL is not responsible for the content, practices, or policies of these third parties. Your use of third-party services is solely at your own risk.

Limitation of Liability

To the fullest extent permitted by law, OPAL shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Application. OPAL’s total liability for any claims under these Terms shall not exceed the amount you paid to use the Application, if any.

Disclaimer of Warranties

The Application is provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. OPAL does not guarantee that the Application will be error-free, secure, or uninterrupted. You acknowledge and agree that your use of the Application is at your own risk. OPAL, its officers, directors, employees, and agents make no representations or warranties about the accuracy, completeness, or content of the Application, the content of any linked sites, or the services found on this site or any linked sites. You should seek independent professional legal advice before relying on any auto-generated output.

Indemnification

You agree to indemnify, defend, and hold harmless OPAL, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Application or your violation of these Terms.

Termination

OPAL reserves the right to terminate or suspend your access to the Application at any time, without prior notice, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Application will cease immediately.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, U.S. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in Collin County, Texas, U.S.

Contact Information

If you have any questions about these Terms, please contact us at opal-support@cityonsystems.com

Acknowledgment
By using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms.