Legal Notices and Disclaimers

TRANSMONTAIGNE PRODUCT SERVICES INC. TERMS OF USE

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS ("AGREEMENT") SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOU ARE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PROMPTLY EXIT THIS SITE.

1.		USER ELIGIBILITY

		The services provided by TransMontaigne Product Services, Inc., are available only to entities and people who can form legally binding agreement(s) under applicable law and are accepted by TransMontaigne Product Services, Inc., as a registered user ("User") of the TransMontaigne Product Services, Inc., services. Without limiting the foregoing, the TransMontaigne Product Services, Inc., services are not available to minors. If you do not qualify, please do not use the TransMontaigne Product Services, Inc., services.

2.		DESCRIPTION OF SERVICE

		TransMontaigne Product Services, Inc., provides users with access to on-line resources surrounding refined petroleum product distribution via an electronic Customer Relationship Management tool, including but not limited to, online order entry, confirmation and actualization, electronic bills of lading, invoices, data query capabilities, wholesale prices, EFT, open invoices, terminal/supply status, and web enabled customer inventory management (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TransMontaigne Product Services, Inc., properties, shall be subject to these Terms of Use. You understand and agree that the service is provided "AS-IS" and that TransMontaigne Product Services, Inc., assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World-Wide Web, including a computer and modem or other access device.

3.		GENERAL PRACTICES REGARDING USE AND STORAGE

		You acknowledge and agree that TransMontaigne Product Services, Inc., may establish general practices and limits concerning the use of the Service, including without limitation, the maximum disk space that will be allotted to you on TransMontaigne Product Services, Inc.'s, servers and the maximum number of times (and the maximum duration for which) you may access the Service in any given period of time. You agree that TransMontaigne Product Services, Inc., has no responsibility or liability for the deletion or failure to store any communications or data collected, maintained or transmitted by the Service. You acknowledge that TransMontaigne Product Services, Inc., reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

YOUR REGISTRATION OBLIGATIONS

In consideration for your use of the Service you agree: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data and any other information provided by you to TransMontaigne Product Services, Inc., (collectively "Your Information") to keep it true and accurate, current and complete.

You are solely responsible for Your Information; we act as a passive conduit for your online distribution and publication of the content of the Services and Your Information. However, we reserve the right to take any action with such information we deem necessary or appropriate, in our sole discretion, if we believe that it may create liability for TransMontaigne Product Services, Inc., or may cause us to lose (in whole or in part) the service of our suppliers and/or customers.

You agree that you will use the Service in a manner that complies with all applicable, international, federal, state and local laws and you acknowledge that you are solely responsible for Your Information, as hereinafter defined, that you upload, download, transmit or otherwise process using the Service, or otherwise, compromise the integrity of the Services provided.

You agree that Your Information will not:

(a)		infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(b)		violate any law, statute, ordinance, regulation (including without limitation those governing export control, environmental regulation, consumer protection, unfair competition, anti-discrimination or false advertising);
(c)		be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
(d)		contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(e)		impersonate any person or entity, including, but not limited to, a TransMontaigne Product Services, Inc., official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f)		forge headers or otherwise manipulate identifiers in order to disguise the origin of Your Information transmitted through the service;
(g)		disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(h)		interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i)		contain confidential information and/or
(j)		collect or store the data of other Users.

5.		SPECIAL ADMONITION FOR INTERNATIONAL USE

		Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Your Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data imported or exported from the United States or the country in which you reside. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever, Indemnity, Intellectual Property Ownership, Limitation of Liability, No Sale of Service, and Warranty Disclaimer.

6.		RESTRICTIONS ON USE

		All pages within this Website and any material made available for download ("collectively the "Site") are the property of TransMontaigne Product Services, Inc., and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. TransMontaigne Product Services, Inc., authorizes you to view or download the material(s) on TransMontaigne Product Services, Inc., solely for your personal, use if you include the following copyright notice: "Copyright 2000, TransMontaigne Product Services, Inc. The Site is for your own personal use or the internal use of your business. You are strictly prohibited from disclosing or sharing any information related to the TransMontaigne Product Services, Inc.'s Services and information on the TransMontaigne Product Services, Inc.'s site, unless said disclosure is on your behalf. You shall keep in tact all proprietary notices, including copyright notices, contained on any downloadable materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreement(s) are reserved by TransMontaigne Product Services, Inc.

7.		SYSTEM INTEGRITY

		You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or TransMontaigne Product Services, Inc.'s Services. You may not take any action which imposes an unreasonable or disproportionately large load on the TransMontaigne Product Services Inc. infrastructure. You will receive a password and an account designation upon completing the services registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur during any access gained under your password or account. You may not disclose to or share your password with any third parties or use your password for any unauthorized purpose. You agree to (a) immediately notify TransMontaigne Product Services, Inc., of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TRANSMONTAIGNE PRODUCT SERVICES, INC., CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

8.		DISCLOSURE OF CONTENT/MONITORING

		Although TransMontaigne Product Services, Inc., has no obligation to monitor Your Information, the contents of others, or the content of its Users on the Service, it reserves the right to monitor, retain, and disclose Your Information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any of Your Information violates the rights of third parties, or protect the rights, property or personal safety of TransMontaigne Product Services, Inc., its users or the public.

9.		INTELLECTUAL PROPERTY OWNERSHIP

		Any and all intellectual property rights associated with TransMontaigne Product Services, Inc., the Site and documentation-including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ("Intellectual Property") are the sole property of TransMontaigne Product Services, Inc., or third parties, and except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute in any way without TransMontaigne Product Services, Inc., or the appropriate third party's prior written permission. Except as provided herein, TransMontaigne Product Services, Inc., does not grant to you any express or implied rights to TransMontaigne Product Services, Inc.'s or any third party's Intellectual Property. Any rights associated with content of the Service, which is transmitted, downloaded, or otherwise processed by TransMontaigne Product Services, Inc., shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. This Agreement does not grant you rights in and to such content.

10.		TRANSMONTAIGNE PRODUCT SERVICES INC. PROPRIETARY RIGHTS

		You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. TransMontaigne Product Services, Inc., grants you a personal, non-transferable, non-sublicenseable and non-exclusive right and license to use of the Service and Software on a single computer provided that you do not (and do not allow a third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell assign, grant a security interest in or otherwise transfer any right in the Software and Service. You agree not to modify the Software or Service in any manner or form, or to use modified versions of the Software or Service, including without limitation, for the purpose of obtaining unauthorized access to the Service or Software. You agree not to access the Service or Software by any means other than through the interface that is provided by TransMontaigne Product Services, Inc., for use of accessing the Service or Software.

11.

COPYRIGHTS and COPYRIGHT AGENTS

TransMontaigne Product Services respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TransMontaigne Product Services, Inc.'s Copyright Agent the following information:

(a)		an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b)		a description of the copyrighted work that you claim has been infringed;
(c)		a description of where the material that you claim is infringing is located on the Site;
(d)		your address, telephone number and email address;
(e)		a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its' agent or the law;
(f)		a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TransMontaigne Product Services, Inc.' Agent for Notice of claims of copyright infringement on its Site is Erik Carlson, who can be reached as follows:

By Mail:
TransMontaigne Product Services, Inc.
Attn: Erik Carlson
PO Box 5660
Denver, Colorado 80217

Phone: 303-626-8200
Facsimile: 303-626-8228

12.		WARRANTY DISCLAIMER

		THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED, "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TRANSMONTAIGNE PRODUCT SERVICES, INC., EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE RELATED SERVICES, AND HYPERLINKED WEBSITES. TRANSMONTAIGNE PRODUCT SERVICES, INC., MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE AND RELIABLE; (d) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND/OR (e) ANY ERRORS IN THE SOFTWARE OR CONTENTS OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRANSMONTAIGNE PRODUCT SERVICES, INC., OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE AGREEMENT. Although TransMontaigne Product Services, Inc., attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness and accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform TransMontaigne Product Services, Inc., so that it can be corrected. Information contained on the Site may be changed or updated without notice.

13.

LIMITATION OF LIABILITY

TransMontaigne Product Services, Inc., assumes no responsibility for Your Information or the content of the Services downloaded, uploaded, stored or otherwise processed by TransMontaigne Product Services, Inc., and the Service. Accordingly, if you choose to use the Service, you do it at your own risk. For example, you acknowledge that:

(a)		Any of Your Information will be treated by TransMontaigne Product Services, Inc., as not being confidential to you. However, TransMontaigne Product Services, Inc., will only use Your Information for legitimate business purposes.
(b)		You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any content you view or transmit may be damaged, corrupted, sniffed and/or accessed by another person without your permission. TransMontaigne Product Services, Inc., cannot and will not guarantee the security of any of Your Information or the content stored, displayed or transmitted by TransMontaigne Product Services, Inc., or the Service.
(c)		You are solely responsible for ensuring that Your Information, and any transmission or process of Your Information, does not violate the intellectual property rights of others.

TRANSMONTAIGNE PRODUCT SERVICES, INC., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT YOUR INFORMATION OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THE FOREGOING REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

14.		EXCLUSIONS AND LIMITATIONS

		SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

15.		INDEMNITY

		You agree to indemnify, defend and hold TransMontaigne Product Services, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Information submitted, post to or transmitted through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or violation of any rights of another.

16.		PRIVACY POLICY

		Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please read our Privacy Policy. You should be aware that linked sites may contain confidentiality provisions that differ from the provisions provided herein. TransMontaigne Product Services, Inc., is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. TransMontaigne Product Services, Inc., does not knowingly solicit data from children, and we do not knowingly market to children.

17.		NO RESALE OF SERVICE

		Unless stated otherwise in this Terms of Use, you agree not to reproduce, duplicate, copy, resell or exploit for any commercial purposes, any portion of the TransMontaigne Product Services, Inc.'s, Service.

18.		MODIFICATIONS

		TransMontaigne Product Services, Inc., may, at any time, and without notice, modify, update, or otherwise change the terms of this Agreement or the Service, and you agree that you are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, we encourage you to visit the TransMontaigne Product Services, Inc., web site from time to time to review the current version of the Agreement.

19.		TERMINATION

		You agree that TransMontaigne Product Services, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason. TransMontaigne Product Services, Inc., may also, in its sole discretion, at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that TransMontaigne Product Services, Inc., may immediately deactivate or delete your account and all related information and files in or related to your account and/or bar further access to such files or Service. Further, you agree that TransMontaigne Product Services, Inc., shall not be liable to you or any third party for any termination of your access to the Service.

20.		LINKS

		The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TransMontaigne Product Services, Inc., has no control over such sites and resources, you acknowledge and agree that TransMontaigne Product Services, Inc., is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TransMontaigne Product Services, Inc., shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

21.		LINKS TO OUR SITE

		TransMontaigne Product Services, Inc., prohibits caching, unauthorized hypertext links to the TransMontaigne Product Services, Inc.'s Site and the framing of any Services. TransMontaigne Product Services, Inc., reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content of the Services or Your Information available on any other Internet site linked to the TransMontaigne Product Services, Inc., Software. If you desire to provide a hyperlink from your Website to our Site, TransMontaigne Product Services, Inc., and you must mutually agree to the terms set out in our Hyperlink License Agreement.

22.		JURISDICTION

		You expressly agree that the exclusive jurisdiction of any dispute with TransMontaigne Product Services, Inc., or in any way relating to your use of the Services, resides in the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts in the state of Georgia in connection with any such dispute, including any claim involving TransMontaigne Product Services, Inc., or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the state of Georgia, without respect to conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

23.		NO AGENCY

		You and TransMontaigne Product Services, Inc., are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

24.		NOTICES

		Except as explicitly stated otherwise, all notices shall be given by email to webmaster@transmontaigne.com or to the email address you provide to TransMontaigne Product Services, Inc., during the registration process. Notice shall be give 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, notice may be deemed given by certified mail, postage prepaid, and return receipt requested, to the address provided to TransMontaigne Product Services, Inc., during the registration process or to the TransMontaigne Product Services, Inc., at TransMontaigne Product Services, Inc., PO Box 5660, Denver, Colorado 80217 Attn: General Counsel. In such case, notice shall be deemed given three (3) business days after the date of mailing.

25.		COMPLETE AGREEMENT

		Except as expressly provided in a particular "legal notice" on the TransMontaigne Product Services, Inc., Site, these Terms of Use constitute the entire agreement between you and TransMontaigne Product Services, Inc., with respect to use of the TransMontaigne Product Services, Inc.'s, Services. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. Your use of the TransMontaigne Product Services, Inc's,. Service and software license is also subject to the TransMontaigne Product Services, Inc., Privacy Policy.