UNLESS YOU OPT OUT, THESE TERMS AND CONDITIONS CONTAIN A BINDING CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.

These terms and conditions of service (the “Terms of Use”) apply to the Ingram Logistics Services website located at https://www.ingramlogistics.com and/or https://www.ingramlink.com (the “Site”). The Site is the property of and operated by Ingram Barge Company LLC and its affiliates, including Ingram Logistics Services, LLC (collectively, “Ingram”).

By using this Site, including by creating an account or submitting any information through the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO INGRAM THROUGH THE SITE.

Modification
We may modify these Terms of Use from time to time without prior notice. Any modifications we make are effective as soon as we post them to the Site. You should read these Terms of Use whenever you visit the Site so that you are aware of any modifications. By using the Site after modifications have been posted you agree to be bound by these Terms of Use as modified.

We also reserve the right to change, modify, or discontinue any portion of the Site without notice, on a temporary or permanent basis. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.

Online Account

If you register or create an account, by doing so you agree to: (a) provide true and complete information; and (b) keep that information up to date. We may suspend or terminate your access to our Site if we reasonably suspect that the information is false, inaccurate, not current, or incomplete.

You may also be asked to choose a password and a user name. You are responsible for the safety and security of your password and user name and for all activities that occur under your account. Unless you make us aware of unauthorized access to your account, we will assume that use of your account is authorized. We are not responsible for any consequences from unauthorized access to your account that come from your failure to protect your password and account login. We reserve the right to take reasonable steps to ensure the security of the Site and your account. Those steps may include terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You may not use anyone else’s account at any time without their express permission.

Ownership of Content

Our Site includes a combination of content that we and other third parties create. Most of the content available through the Site is trademarked or copyright protected. You may not copy, imitate, or use any content from our Site in any way without our prior written permission or the permission of the respective owner. If you would like to request permission to use any of the content on the Site, please contact us.

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice

We respect the copyright interests of others and require our users to comply with these Terms of Use and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Use or your copyright please report the violation to [email protected] and provide the following information:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site (including the exact URL);
• An address, a telephone number, and an email address where we can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.

Contributions

We are pleased to hear from our customers, and welcome your comments regarding our products and services. Unfortunately, we do not accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. So please do not send us any original or creative ideas, suggestions, or materials.

If, despite our request not to, you send us creative suggestions, ideas, notes, drawings, concepts, or other information, please be aware that whatever you send us will become our exclusive property. If applicable law prohibits us from taking ownership of the material you send to us, by submitting the material you grant us a perpetual, worldwide, irrevocable, unrestricted, royalty-free license to use the material in any manner without payment or attribution to you. We will not need your permission to use or disclose the material. You represent that you own or otherwise control all of the rights to the material you submit to us.

Links to Third-Party Sites

We occasionally provide links on the Site to third-party websites. If you use these links, you will leave the Site. We provide these links to you as a convenience, and we do not verify, make any representations, or take responsibility for these third-party websites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the third-party websites, including the privacy practices of the third-party websites. Links are not intended to imply sponsorship, affiliation, or endorsement of the linked website or its content. If you believe that the Site links to a website that contains infringing or illegal content or material, please notify us. If you decide to access any of the third-party websites linked on the Site, you do this entirely at your own risk, and you should review the privacy policies and the terms and conditions for those third-party websites. YOU AGREE THAT INGRAM WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Restrictions on Use of the Site

In addition to any restriction covered above, it is a violation of these Terms of Use to take any action that:

1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive;
2. infringes someone else’s patent, trademark, trade secret, copyright, or other intellectual property or other rights;
3. advocates or solicits violence, criminal conduct, or the violation of any local, state, national, or international law or the rights of any third party;
4. is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
5. interferes with others using the Site;
6. contains malware or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
7. creates a false identity for the purpose of misleading others;
8. uses any of our copyrights or trademarks or our domain name as a pseudonymous return email address;
9. systematically collects and uses any information from the Site, including the use of any data mining, or similar data gathering and extraction methods; or
10. modifies, translates, decompiles, disassembles, uses reverse engineering, or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms of Use, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms, or encryption devices of our Site’s underlying technology.

Limitation of Liability

IN NO EVENT WILL INGRAM, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (G) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF YOU CLAIM TO HAVE NOTIFIED INGRAM ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF INGRAM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).  

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE TO YOU, AND WE WOULD NOT PROVIDE THE SITE TO YOU WITHOUT THIS LIMITATION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Disclaimer of Warranties

THIS SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

IN ADDITION, INGRAM MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT (A) THIS SITE WILL BE FREE OF MALWARE OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THIS SITE WILL BE TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION; (C) THIS SITE WILL BE SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR BE ERROR-FREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.

INGRAM HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES OF TITLE, ACCURACY OF DATE, AND/OR NON-INFRINGEMENT, UNLESS OTHERWISE PROHIBITED BY LAW.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT WARRANTIES, REPRESENTATIONS, OR GUARANTEES HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THESE TERMS OF USE, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

Governing Law

By visiting or using the Site, you agree to be bound by the laws of the State of Tennessee, without regard to principles of conflicts of law, which will govern these Terms of Use and any dispute of any sort that might arise between you and us.

Class Action Waiver

READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you and Ingram will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms of Use in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and Ingram further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Site.

The terms of this provision will also apply to any claims asserted by you against any of Ingram’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend Ingram (including our affiliates, officers, directors, employees, agents, licensors, suppliers, and any third party information providers) from and against all damages, claims, demands, liabilities, losses, costs, and expenses, including reasonable attorney’s fees in connection with or arising out of violation of these Terms of Use, your use of the Site, use of your passwords and/or account information, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with Ingram or your use of our Site.

Termination of Right to Use the Site

If you breach any of these Terms of Use, we may terminate your right to use the Site. Upon such termination, you shall immediately delete or destroy any copies (electronic or otherwise) of materials or information you have obtained from the Site.

No Waiver

No delay or omission by us to exercise any right or power occurring upon any breach of these Terms of Use shall impair any such right or power or be construed to be a waiver thereof. A waiver by us of any breach of these Terms of Use shall not be construed to be a waiver of any subsequent breach.

Severability

The determination that any provision of these Terms of Use is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions or of that provision under other circumstances. Any invalid or unenforceable provision will be enforced to the maximum extent permitted by law.

Entire Agreement

These Terms of Use (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and us regarding the Site and your use of the Site, and supersede any prior agreement or understanding, arrangements, undertaking, or proposal, written or oral, between you and us in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of these Terms of Use.

Updated 2 February, 2023