TransMontaigne Partners LLC
April 2019
To assist you in using our website (“Website” or “Site”), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created (i) these Terms of Use (our “Terms of Use” or the “Terms”) and (ii) a Privacy Policy. Our Privacy Policy explains how information you provide to us through the Site is treated, and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to any visitor to the Website (collectively, “you”). The terms “TransMontaigne Partners,” “we,” and “us” refer to TransMontaigne Partners LLC, its affiliates and subsidiaries.
1. Acceptance of Terms of Use.
By accessing and using this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.transmontaignepartners.com/privacy-policy/, incorporated herein by reference. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE REFRAIN FROM USING OUR SITE.
2. Changes to the Terms of Use.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to periodically check this page so you are aware of any changes, as they are binding on you.
3. Access and Prohibited Uses.
We reserve the right to deny access to any user or group of users to the Website, at our sole discretion, at any time, and for any reason or no reason.
As a condition of your use of the Website, you may not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any TransMontaigne Partners server, or the network(s) connected to any TransMontaigne Partners server, or interfere with any other party’s use and enjoyment of the Website. You may not introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. You may not attempt to gain unauthorized access to the Website, computer systems or networks connected to any TransMontaigne server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TRANSMONTAIGNE PARTNERS FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
4. Intellectual Property Rights.
We own the Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (the “Contents”). Licensors or other providers of such Contents are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and we reserve all rights not expressly granted to you. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
5. Trademarks.
The trademarks, logos, and service marks, including but not limited to “TransMontaigne Partners” and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the Website, are registered and unregistered Trademarks of TransMontaigne Partners. The Trademarks and all other materials contained in this Website may not be distributed, modified, or reproduced in whole or in part without our prior written permission in each instance.
6. Liability Disclaimer.
YOU UNDERSTAND AND ACKNOWLEDGE BY YOUR ACCESS AND USE OF THE WEBSITE THAT ALL MATERIALS AND INFORMATION CONTAINED IN THE WEBSITE ARE PROVIDED WITH NO WARRANTY, REPRESENTATION, COVENANT OR OTHER ASSURANCE AS TO THEIR ACCURACY OR COMPLETENESS. YOU TAKE ALL MATERIALS AND INFORMATION ON AN “AS-IS” AND “AS AVAILABLE BASIS,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (UNLESS SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW), AND RELATED REPRESENTATIONS, COVENANTS, OR OTHER ASSURANCES, IF ANY, AS TO THE MATERIALS AND INFORMATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, CONDITION, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PATENT OR COPYRIGHT INFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FURTHERMORE, NO ADVICE OR INFORMATION GIVEN BY US IN OR THROUGH THIS WEBSITE SHALL CREATE A WARRANTY OF ANY KIND.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION OR MATERIALS PROVIDED WILL BE ERROR FREE OR THAT ANY INFORMATION OR MATERIAL ACCESSIBLE THROUGH OUR WEBSITE IS FREE OF VIRUSES, CANCELBOTS, WORMS, LOGIC BOMBS, TROJAN HORSES OR OTHER HARMFUL CONTENTS OR COMPONENTS. YOU AGREE TO ASSUME ANY AND ALL LIABILITY FOR USE OF THE MATERIALS AND INFORMATION. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TRANSMONTAIGNE PARTNERS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Indemnification.
You agree to defend, indemnify and hold harmless TransMontaigne Partners, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s Contents, information, services and products other than as expressly authorized in these Terms of Use.
8. Forward Looking Statements.
Information included on the Website may contain statements that may constitute forward-looking statements made pursuant to the safe harbor provision of the Private Securities Litigation Reform Act of 1995. Although we believe that the expectations reflected in such forward-looking statements are based on reasonable assumptions, such statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected. Important factors that could cause actual results to differ materially from our expectations and adversely affect our business and results of operations are disclosed in “Risk Factors” in our most recent Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. The forward looking statements speak only as of the date made, and, other than as may be required by law, we undertake no obligation to update or revise any forward looking statements, whether as a result of new information, future events or otherwise.
9. Links to Third Party Sites.
Our Site and certain communications we send to you might contain links to other sites. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the linked site.
10. Privacy.
Our Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. Additionally, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
11. Governing Law.
All matters relating to the Website and these Terms of Use and any dispute or claim, arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
12. Arbitration.
You and TransMontaigne Partners agree to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association applying Colorado law. There shall be no authority for any claims to be arbitrated on a class or representative basis. The arbitrator is authorized to decide only your and/or our individual claims; and he or she shall not consolidate or join the claims of other persons or parties who may be similarly situated.
13. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Waiver and Severability.
No waiver by TransMontaigne Partners of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TransMontaigne Partners to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
15. Legal Contact.
TransMontaigne Partners LLC
Law Department
1670 Broadway, Suite 3100
Denver, Colorado 80202
Phone: 303-626-8200
© 2019 TransMontaigne Partners LLC
