USER AGREEMENT

This Third Party User Agreement (Agreement) is between the user, Crowley Maritime Corporation (CMC) and GT Nexus and governs your use of this Site (this Site) and the services offered on the Site. This Site is made available to User conditioned on acceptance, without modification, of all of the terms and conditions in this Agreement. For purposes of this Agreement: (a) User means the User and/or Company identified in the User Information and Company Information boxes above; (b) Crowley Maritime Corporation and/or CMC means Crowley Maritime Corporation and its subsidiaries, including Crowley Liner Services, Inc.; and (c) GT Nexus means GT Nexus, Inc., the company providing the software enabling Users use of services available through this Site. This Agreement may be updated or revised at any time by posting the amended Agreement on the Site. Please check the Site periodically for changes to this Agreement. Users use of the Site and services included herein following the posting of any changes to the terms of this Agreement constitutes acceptance of those changes. Also, the services available may be added to, deleted or modified at any time in GT Nexus sole discretion.

 1.        User represents that he/she is authorized to enter into this Agreement on behalf of him/herself and to bind the Company, and agrees to be bound by these terms and conditions. Access to and use of the Site and software is achieved through a combination of a user name and password. User will be assigned a unique user name and password. The user name and password provide authorized use of the software and allows user to conclude a range of transactions. Neither User nor any other person is permitted to access the GT Nexus software using the user name and password of any other entity. User shall not provide access to the GT Nexus software to other persons through use of Users user name or password. Neither GT Nexus nor CMC is responsible for the use of Users user name or password by another party, except to the extent due to the gross negligence of GT Nexus or CMC.

 2.         User agrees not to use the Site or the GT Nexus software in any manner as would violate any criminal or civil laws, and agrees to hold harmless and indemnify CMC and GT Nexus from and against all cost and expense arising from any such violation.

 3.         User may use information obtained from this Site only for the benefit and the legitimate business purposes of the User, and will not disclose to or use any such information on behalf of other parties without the advance written consent of CMC and GT Nexus. However, if User is in the business of handling cargo for third parties, such information may be conveyed only to such third parties in the normal course of Users business and on a need to know basis. User agrees that no part of the Site or the information obtained therefrom will be used to provide services to other parties except as authorized herein.

 4.         In connection with transacting over the Site, Users may upload or post content or other information. User agrees that it is Users sole obligation to ensure that any information provided in using the software and Site will be accurate. User also agrees that Users information must not: (a) be fraudulent; (b) infringe any third partys rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) violate any applicable law, statute, rule or regulation, (d) be obscene, indecent or contain pornography; (e) be defamatory, libelous, threatening or harassing; or (f) be outdated or inaccurate in any way that could mislead any other party. User agrees it shall be responsible for any liability associated with the publication and distribution of any such information and content on the Site and User agrees to indemnify and hold harmless GT Nexus and CMC from any and all claims whatsoever that may arise from Users information. Neither GT Nexus nor CMC is not obligated and undertakes no responsibility to review the User information and to determine whether it is accurate. However, GT Nexus or CMC may take any action with respect to any information GT Nexus or CMC deems necessary or appropriate in its sole discretion if GT Nexus, CMC believes such information may give rise to liability to GT Nexus, CMC or other parties.

5.         User acknowledges that other Web sites that may be accessed through the Site are independent of the Site and that CMC and GT Nexus have no control over the content or function of such sites, and User agrees that neither CMC nor GT Nexus will be liable to User or any other party for the content or function of any such Web sites.

6.         GT NEXUS PROVIDES THE SOFTWARE ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. USER AGREES THAT USE OF THE SOFTWARE IS AT MEMBERS SOLE RISK. GT NEXUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER CMC NOR GT NEXUS MAKE ANY WARRANTY AS TO THE ACCURACY OR VIABILITY OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR OBTAINED IN CONNECTION WITH USE OF THE SITE OR SOFTWARE.

7.         As between the parties, all right title and interest in and to the Site, the software and any information provided by CMC or GT Nexus and displayed or contained therein is retained and owned by CMC and/or GT Nexus and their licensors, as applicable.

 8.        In consideration of Users right to use the Site and software, User agrees that neither GT Nexus nor CMC, or any officer, affiliate, director, shareholder, agent, licensor or employee of either GT Nexus or CMC will be liable to User or any third party for any indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, lost data, interrupted communications, damages, expense, or costs resulting directly or indirectly from or otherwise arising in connection with the use, availability or any third party unavailability of the Site or software. Each of GT Nexus and CMCs cumulative liability to User or any third party for any and all claims or causes of action relating to this Agreement shall, in the aggregate, be limited to one hundred dollars.

9.         User agrees that the proper communication and evaluation of information relevant to the safe transportation of dangerous goods, commodities or hazardous materials or those that may become dangerous or hazardous (collectively dangerous goods) are matters outside of the knowledge of GT Nexus. Additionally, the transportation of goods neither designated nor identified as dangerous goods by transportation authorities may nevertheless present safety hazards during transportation requiring shippers and carriers to exercise special care, particularly with respect to the communication of shipping requirements and parameters to carriers. Therefore, User assumes all risk associated with the transportation of its goods and agrees to exercise special care when arranging for the transportation of dangerous goods. GT Nexus shall not have any liability in connection therewith, whether to User any third party and User agrees to hold harmless and indemnify GT Nexus from and against all cost and expense arising from any claims related to this Section.

10.      Disputes regarding this Site and its use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. Any such controversy or claim shall be settled by binding arbitration conducted in Oakland or San Francisco, California under the then-current commercial rules of the American Arbitration Association and all expedited procedures prescribed by that organization shall apply. The prevailing party shall be entitled to recover all its costs and expenses incurred in connection with such proceedings, including without limitation reasonable attorneys and expert witness fees. By signing this document, the User agrees to the terms and conditions above and that Company will also be bound.