Terms and Conditions of Use of the i-3PL Service
This Agreement states the terms and conditions by which AmeriCold Logistics, L.L.C.
("AmeriCold") makes available the i-3PL service (the "Service") to users of the
Service ("Users"). By using this Service, each User agrees to these terms and conditions.
The Web is an evolving medium and the Service may be modified. AmeriCold may change
the terms of this Agreement from time to time. By continuing to use the Service
after AmeriCold posts notice of any such changes, each User also agrees to accept
the new terms.
Submissions of Data. By submitting data to AmeriCold for incorporation into the
Service, submitting Users warrant that they have the right to provide such data
to AmeriCold without infringing any rights of any other person and agree to defend
and hold AmeriCold harmless from any claims arising out of AmeriCold's or any other
User's use of such data in connection with the Service. Users grant AmeriCold the
right to use such data in any manner deemed useful by AmeriCold, including to maintain
the data in one or more databases, to process and manipulate the data, to create
derivative works based on the data, and to distribute the data in whole or in part,
including in the form of derivative works, to authorized recipients.
Use of Data. The Service includes content and functionality that may contain, or
be based on, data provided to us by other Users, including both AmeriCold customers
and third parties. Users agree that AmeriCold does not and cannot warrant the accuracy,
completeness or currentness of such data. Users agree that they will accept the
Service and the data contained in and provided by the Service "as is," and that
AmeriCold will not be liable in any way to such Users, or any other persons, for
any claims arising out of data provided to the Service by others.
Intellectual Property. The Service and the content available on the Service is the
property of AmeriCold or its licensors, and may be protected by copyright, trademark
and other intellectual property laws. Users may use the Service consistent with
the terms of this Agreement, but agree not to claim any ownership interest in the
Service or its content by virtue of such use. Users may not use any trademark or
service mark appearing on the Service without the prior written consent of the owner
of the mark. "AmeriCold" and "i-3PL" are trademarks or service marks of AmeriCold
DISCLAIMER OF WARRANTIES AND LIABILITY. Because of the nature of the World Wide
Web as an developing medium of communication, AmeriCold cannot guarantee that the
Service will be provided without delays, omissions, interruptions, inaccuracies
and other problems, many of which may not be within AmeriCold's control. Therefore
this Service is provided by AmeriCold, and may be used by any User, only on the
following condition conditions:
EACH USER AGREES THAT IT IS SOLELY RESPONSIBLE FOR ITS USE OF THIS SERVICE. BECAUSE
OF THE NUMEROUS POTENTIAL SOURCES OF CONTENT AND FUNCTIONALITY AVAILABLE THROUGH
THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION,
THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE SERVICE.
IF ANY USER RELIES ON THIS SERVICE OR ANY CONTENT OR FUNCTIONALITY AVAILABLE THROUGH
THIS SERVICE, IT DOES SO AT ITS OWN RISK.
THIS SERVICE IS PROVIDED TO USERS "AS IS." AMERICOLD AND ITS OFFICERS, EMPLOYEES,
AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT
OR FUNCTIONALITY AVAILABLE THROUGH THE SERVICE. NOR DO THEY GUARANTEE THAT THE SERVICE
WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL AMERICOLD OR ITS OFFICERS, EMPLOYEES, AGENTS OR LICENSORS
BE LIABLE TO USERS OR ANY THIRD PARTIES FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES,
INCLUDING, WITHOUT LIMITATION, FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT
OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
EACH USER AGREES THAT THE LIABILITY OF AMERICOLD AND THEIR OFFICERS, EMPLOYEES,
AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL OR EQUITABLE CLAIM
IN ANY WAY CONNECTED TO THIS SERVICE SHALL NOT EXCEED THE AMOUNT PAID TO AMERICOLD
BY THE USER DURING THE PREVIOUS THIRTY (30) DAYS FOR THE USE OF THE SERVICE.