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TERMS OF USE

Updated: May 2023 

 

XVANTAGE AND ANY LINKED WEBSITES AND ANY RELATED SERVICES, WEB PAGES, DATA,
BLOGS, PRODUCTS AND COMMUNITY PORTAL (COLLECTIVELY, THE “WEBSITE”) ARE OWNED AND
OPERATED BY INGRAM MICRO INC. AND/OR ITS AFFILIATES (“INGRAM MICRO”, “WE”, “OUR”
AND “US”).  ACCESS AND USE OF THIS WEBSITE ARE PROVIDED BY INGRAM MICRO TO YOU
OR THE ENTITY YOU REPRESENT (“YOU” OR “YOUR”) ON THE CONDITION THAT YOU ACCEPT
THESE TERMS OF USE, AND BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE
TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS ON BEHALF
OF THE ENTITY YOU REPRESENT YOU SHOULD NOT ACCESS OR USE THIS WEBSITE. 

These Terms of Use, the Privacy Policy and all other documents referenced herein
govern the relationship between you and Ingram Micro with respect to your use of
this Website. You agree that the agreement formed by these Terms of Use is
binding like any written, negotiated agreement signed by you, and you agree to
be bound by, and fully comply with, these terms. You represent and warrant that
you have all necessary right, power and authority to enter into this agreement
and to perform and otherwise discharge all of your obligations hereunder.

We reserve the right at any time to change: (i) these Terms of Use; (ii) this
Website, including terminating, eliminating, supplementing, modifying, adding or
discontinuing any content or feature or data or service on or available through
this Website or the hours that they are available; (iii) any fees or charges, if
any, related to the use of this Website; and (iv) the equipment, hardware or
software required to use and access this Website.

Any changes we make to these Terms of Use will be effective immediately upon
notice, which we may provide by any means including, without limitation, posting
on this Website. Your continued use of this Website after such notice will be
deemed acceptance of such changes. You should return to this Website
periodically to ensure you are familiar with the most current version of these
Terms of Use.

You may not interfere with the security of, or otherwise abuse this Website or
any system resources, services or networks connected to or accessible through
this Website. You may only use this Website for lawful purposes and agree to
comply with all applicable laws in performance of your business relationship
with Ingram Micro.

We may monitor your activity at any time. Additionally, we may temporarily or
permanently prevent you from using the Website, cancel services without a
refund, without limitation of any other rights or remedies to which we might be
entitled.  We will not be liable for any claims that might arise from our
suspension or termination of any services.

 


1.       JURISDICTION

If you are residing in a jurisdiction that restricts the ability to enter into
agreements such as set out in these Terms of Use, you may not enter into this
agreement or use this Website.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law
to participate in the activities or services offered by this Website, you may
not enter into these Terms of Use or use this Website. By using this Website,
you are explicitly stating that you have verified in your own jurisdiction that
your use of this Website is allowed.

We make no representation or warranty that materials in this Website are
appropriate or available for use in all locations. Those who choose to access
the Website do so on their own initiative and at their own risk, and are
responsible for compliance with local laws, if and to the extent local laws are
applicable.

We reserve the right to limit the availability of the Website, materials, or
other products described or offered thereon to any person, geographic area, or
jurisdiction we so desire, at any time and in our sole discretion, and to limit
the quantities of any such services, materials, or other product provided.

 


2.       PRIVACY

Ingram Micro is committed to respecting the privacy of the Personal Data (as
defined in our Privacy Policy) of the individuals with whom we interact. We have
developed a Privacy Policy to describe our privacy practices and how we collect,
use and disclose the Personal Data of those individuals who visit this Website.
Please see our Privacy Policy for further information.  Ingram Micro does not
knowingly or intentionally collect Personal Data from minors. This Website is
directed at and intended to be used solely by adults acting on behalf of the
legal entity they represent.

You represent and warrant to Ingram Micro that you have made all disclosures and
received all consents from any third-parties, including without limitation,
end-users and consumers, that may be legally required to provide their
information to Ingram Micro. You hereby grant us a non-exclusive,
non-transferable, royalty-free, worldwide right to use the electronic data
specifically pertaining to you and/or your users that is processed through the
Website in accordance with our Privacy Policy. 

 


3.       ACCOUNTS

In order to access and use certain services available on this Website, you must
open and maintain an account (“Account”) with us.  Your account access will be
granted in the form of username and password or by application programming
interfaces (APIs) or other remote access. The access we provide is for your use
solely within the applicable country for your account(s). 

You are responsible for maintaining the security and confidentiality of this
unique access authorization and all activity in your account at all times. The
use of your credentials by third parties without our prior approval is strictly
forbidden. You will remain primarily liable for any and all charges or fees
incurred by or through the use of the credentials we provide to you.  

We reserve the right to charge a fee for any of our Services at any time upon
notice to you. 

If you do not agree to these Terms of Use, you will not have the right to use
such services.

During the registration process we will collect Personal Data that may include
(but is not limited to) individual names, e-mail addresses, passwords, and home
or business addresses. Your information may be used by us:

 * to verify your eligibility to create and to maintain your Account and to use
   features of the Website limited only to registered users;
 * to ensure that your Account, including your email, is unique;
 * to enable us to provide certain security and privacy safeguards;
 * to deal with security, debugging and technical support issues;
 * to protect ourselves and others from abuse; and
 * As permitted in our Privacy Policy. 

All of the information you provide to us or that we collect from you in
connection with your use of the Website will be governed by these Terms of Use
and our Privacy Policy. You agree at all times to: (i) provide accurate, current
and complete information about yourself as prompted by our registration form or
otherwise; and (ii) maintain and update your information (including your e-mail
address) to keep it accurate, current and complete. You acknowledge that, if any
information provided by you is untrue, inaccurate, not current or incomplete, we
may terminate your Account and your ability to use this Website and, in our sole
discretion, to report you to the appropriate authorities.

You understand and agree that, in addition to the foregoing restrictions, we
reserve the right to change, remove, alter or delete any username at any time
and for any reason in our sole discretion. You will be responsible for the
confidentiality and use of your username and password and agree not to transfer
your right to use or access this Website via your username or password to any
third person.

You agree to notify us immediately of any unauthorized use, theft or
misappropriation of your account, username, or password.  We shall not be liable
for any loss that you incur as a result of someone else using your username or
password, either with or without your knowledge. 

You acknowledge and agree that Ingram Micro is not responsible for the conduct
of users in the interactive areas of Ingram Micro’s websites. INGRAM MICRO
SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY
FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER
ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY
KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE
INTERACTIVE AREAS OF INGRAM MICRO’S WEBSITES. 

You acknowledge and agree that you may be exposed to content that you may find
offensive, indecent or objectionable and, that in such respect, you use Ingram
Micro’s websites at your own risk.

 


4.       CODE OF CONDUCT

You are solely responsible for the content of any communications by you with
third parties, including any communications about, concerning or through this
Website.

You agree that you will not attempt to, nor permit any third party to, enter
restricted areas of Ingram Micro’s computer systems or perform functions that
you are not authorized to perform pursuant to these Terms of Use. Ingram Micro
may, without notice, temporarily suspend your, or any other party’s access to
this Website (including, without limitation, any specific areas hosted within
this Website), by deactivating any password(s) or links to the Internet if we
reasonably suspect that you, or any other parties, are obtaining unauthorized
access to our other systems or information, or are using otherwise valid user
identifications or passwords in any other unauthorized manner. These suspensions
will be for such periods of time as Ingram Micro may in its sole discretion
determine is necessary to permit the thorough investigation of such suspended
activity.

While using this Website you agree to comply with all applicable laws, rules and
regulations (including, but not limited to, export/import laws and laws relating
to privacy, obscenity, copyright, trademark, confidential information, trade
secret, libel, slander or defamation). We reserve the right, in our sole
discretion, to take any actions we deem necessary and appropriate to preserve
the integrity of this Website.

WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE
FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS
BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM
ANY SUCH LACK OF COMPLIANCE.

 


5.       AVAILABILITY 

While we endeavor to keep downtime to a minimum, we do not guarantee that this
Website will be uninterrupted, secure or error-free. We reserve the right to
interrupt/suspend this Website, or any part thereof, with or without prior
notice for any reason and you shall not be entitled to any refunds of fees for
interruption of this Website.





6.       CURRENCY OF WEBSITE

Ingram Micro updates the information on this Website periodically. However,
Ingram Micro cannot guarantee or accept any responsibility or liability for the
accuracy, currency or completeness of the information on this Website. Ingram
Micro may revise, supplement or delete information, services and/or the
resources contained in this Website and reserves the right to make such changes
without prior notification to past, current or prospective visitors. Contact
your Ingram Micro sales representative for verification of prices, specials and
dates of promotions.

 


7.       LINKED WEBSITES

This Website may provide links to third party websites for your convenience
only, including, without limitation, links to third parties that sell our
products and social media sites such as Facebook, Twitter, LinkedIn, and
YouTube. The inclusion of these links does not imply that Ingram Micro monitors
or endorses these websites or their respective practices. Ingram Micro does not
accept any responsibility for such websites. Ingram Micro 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 the use of or the reliance upon
any information, content, goods or services available on or through any
third-party websites or linked resources. These Terms of Use and our Privacy
Policy do not apply to your use of any third-party websites, so be sure to
review any applicable terms and policies of third-party sites.

 


8.       INTERNET SOFTWARE

Due to technical difficulties with the Internet, Internet software or
transmission problems could produce inaccurate or incomplete copies of
information contained on this Website. Due to the ability to share certain
content and materials, computer viruses or other destructive programs may also
be inadvertently downloaded from this Website.

Ingram Micro will not be responsible or liable for any software, computer
viruses or other destructive, harmful or disruptive files or programs that may
infect or otherwise impact your use of your computer equipment or other property
on account of your access to, use of, or browsing on this Website or your
downloading of any of User Materials or other content from this Website. Ingram
Micro recommends that you install appropriate anti-virus or other protective
software.

 


9.       OFFERINGS 

Ingram Micro provides you with the ability to purchase or access a variety of
product and service offerings made available by Ingram Micro and various
third-party providers (“Offerings”) both directly from Ingram Micro and through
resellers and distributors. EACH OFFERING MAY BE SUBJECT TO OFFERING-SPECIFIC
TERMS OF USE AND/OR PRIVACY POLICIES, WHICH MAY SUPERCEDE THE TERMS OF THESE
TERMS OF USE. INGRAM MICRO ENCOURAGES YOU TO CAREFULLY READ THE TERMS OF USE
AND/OR PRIVACY POLICY OF ANY OFFERING BEFORE ACCESSING OR USING THAT OFFERING.

 


10.      SWEEPSTAKES, CONTESTS AND GAMES 

Any sweepstakes, contests, and games that are accessible through this Website
are governed by specific rules. By entering such sweepstakes or contests or
participating in such games you will become subject to those rules. We urge you
to read the applicable rules, which are linked from the particular activity, and
to review our Privacy Policy which addresses our commitments in respect of the
information you submit in connection with such sweepstakes, contests, and games.
These promotions may be administered by third parties and additional terms and
policies may apply to specific promotions.

 


11.     OUR MATERIALS 

This Website is owned and operated by Ingram Micro in conjunction with
third-parties pursuant to contractual arrangements.

Unless otherwise specified, all information and materials appearing on this
Website, including the text, site design, logos, graphics, icons, and images, as
well as the selection, assembly and arrangement thereof, are the sole property
of Ingram Micro Inc. and its licensors. ALL RIGHTS RESERVED.

Ingram Micro may make certain content, software or other electronic materials
(including all files, text, URLs, video, audio and images contained in or
generated by such materials, and accompanying data) (collectively, “Ingram Micro
Materials”) available to you from this Website, from time to time. If you
download or use Ingram Micro Materials, you agree that such materials: (i) are
licensed for your limited use only and not sold or assigned; (ii) may not be
modified, used to create a derivative work, incorporated into any other work or
otherwise exploited without Ingram Micro’s prior written permission; and (iii)
may only be used in compliance with any additional license terms accompanying
such materials. Ingram Micro neither transfers the title, nor grants any
intellectual property rights to the Ingram Micro Materials. Ingram Micro retains
full and complete title to the Ingram Micro Materials as well as all
intellectual property rights therein. You agree not to sell, share,
redistribute, or reproduce the Ingram Micro Materials. You further agree not to
decompile, reverse-engineer, disassemble, or otherwise convert any compiled
Ingram Micro Materials into a human-perceivable form. Ingram Micro or its
licensors own all related trademarks and logos, and you agree not to copy or use
them in any manner.

All rights not expressly granted herein are reserved by Ingram Micro. Any
unauthorized use of the materials appearing on this site may violate copyright,
trademark and other applicable laws and could result in criminal or civil
penalties.

This Website, (including its organization and presentation and Ingram Micro
Materials) is the property of Ingram Micro and its licensors and may be
protected by intellectual property laws including laws relating to copyrights,
trademarks, tradenames, internet domain names and other similar rights.

 


12.     YOUR MATERIALS

Ingram Micro welcomes you to use the Website and the forums offered by Ingram
Micro through the Website to post, download, display, perform, transmit or
otherwise distribute appropriate information or other content at your direction,
including but not limited to your name, username, personal comments, opinions,
and ideas for product use using Ingram Micro’s products, photographs, video
material, or other content (collectively, “User Materials”), subject to these
Terms of Use.

By providing User Materials to Ingram Micro through this Website, and other
websites or forums owned by Ingram Micro, you represent that you are voluntarily
providing such User Materials. You agree that your User Materials are not
Confidential Information (as defined herein) and no confidential relationship is
established with Ingram Micro with respect thereto. By posting User Materials to
this Website, you represent and warrant that you have all right, title and
interest necessary to post such User Materials and you agree that Ingram Micro
may copy, reproduce, publish, distribute, display, transmit, sell, prepare
derivative works based on, and otherwise use (for any purpose whatsoever and in
any medium) any of your User Materials, without attribution or compensation to
you. 

You hereby grant to Ingram Micro a non-exclusive, perpetual, unlimited,
royalty-free and irrevocable license to copy, reproduce, publish, distribute,
display, perform, transmit, broadcast, sell, offer for sale, license, modify,
prepare derivative works based on, and otherwise use (for any purpose whatsoever
and in any form or medium whatsoever) your User Materials, including any and all
copyrights, patents, publicity rights and privacy rights therein, by and on
behalf of Ingram Micro without compensation for any purpose on any medium,
whether printed, digital, or otherwise. The foregoing authorization and any use
of User Materials that you submit is without royalties, fees, or limitations.
You represent and warrant that you are fully authorized to make all
authorizations, licenses and/or warrantees that are made herein and acknowledge
that any submissions that you make will not be returned to you regardless of
whether the User Materials are used by Ingram Micro. 

You agree that Ingram Micro may publish or otherwise disclose your name or
username in connection with your User Materials. By posting User Materials on
this Website, you warrant and represent that you own the rights to the User
Materials or are otherwise authorized to post, distribute, display, perform,
transmit, or otherwise distribute User Materials and that such User Materials do
not violate any applicable laws or any rights of third parties. You agree that
the burden of proving that any User Materials do not violate any laws or
third-party rights rests solely with you. 

You are solely responsible for your User Materials. You are solely responsible
for making and keeping backup copies of your User Materials and for applying the
appropriate level of access rights to same. Ingram Micro shall not be
responsible or liable for the deletion or accuracy of any User Materials, the
failure to store, transmit, encrypt (or otherwise secure) or receive any User
Materials, or the storage, transmission, encryption (or other security) or
receipt of any other communication involving the use of this Website.

You are solely responsible for obtaining and maintaining any necessary consents
or permissions from any third party whose information may be collected,
recorded, processed, stored, used, disclosed, transferred, exchanged or
otherwise handled as a result of, or as part of, any User Materials or any
communications involving the use of this Website and agree to obtain and
maintain all such consents or permissions.

 


13.     CONFIDENTIALITY

In connection with your use of this Website and/or in furtherance of a business
relationship between you and us (“Purpose”), each of us (the “Discloser”) may
disclose to the other (the “Recipient”) information that the Discloser considers
confidential (“Confidential Information”).  Recipient may use Confidential
Information only for the Purpose.  Recipient must use a reasonable degree of
care to protect Confidential Information and to prevent any unauthorized use or
disclosure of Confidential Information.  Recipient may share Confidential
Information with its and its subsidiaries’ and affiliates’ employees, directors,
agents or third-party representatives and contractors who need to know it and if
they have agreed with either party in writing to keep information confidential
or who are otherwise bound to maintain the confidentiality of such Confidential
Information on terms at least as protective as those set forth herein. 

Confidential Information does not include information that: (a) was known to
Recipient without restriction before receipt from Discloser; (b) is publicly
available through no fault of Recipient; (c) is rightfully received by Recipient
from a third party without a duty of confidentiality; or (d) is independently
developed by Recipient.  A party may disclose Confidential Information when
compelled to do so by law if it provides reasonable prior notice to the other
party, unless a court orders that the other party not be given notice.

The terms of this Section 13 will become effective upon your acceptance or
deemed acceptance of these Terms of Use and will continue in effect during the
duration of any discussions or furtherance of the Purpose. Upon termination of
your business relationship with us or last disclosure of Confidential
Information by you or us, whichever occurs later, this Section 13 will be deemed
terminated, however, each of our respective obligations with respect to any
previously disclosed or obtained Confidential Information will continue with
respect thereto until one or more of the conditions in the preceding paragraph
of these Terms of Use becomes applicable to any such Confidential Information.  

Each of us acknowledges and agrees that monetary damages may not be an adequate
remedy in the event of a breach of this Section 13 by the Recipient.
Accordingly, you and Ingram Micro agree that the Discloser, as a non-exclusive
remedy, shall be entitled to seek equitable relief, including injunction and
specific performance, in the event of breach of this Section 13 of these Terms
of Use. 

Promptly upon termination of this Section 13, the Recipient agrees to return or
destroy all Confidential Information that the Discloser made available to the
Recipient. Notwithstanding the foregoing, the Recipient may keep archival copies
of any Confidential Information in accordance with its document retention
policies provided the Recipient maintains the confidentiality of such
Confidential Information according to the terms herein. 

Nothing herein imposes any obligation to proceed with any business transaction
and does not create any agency or partnership relationship.  All Confidential
Information is provided "AS IS" and without any warranty, express, implied or
otherwise, including without limitation with respect to its accuracy or
completeness.

 


14.     DISCLAIMER OF WARRANTIES

THIS WEBSITE, THE SERVICES AND THE CONTENT AND OTHER INGRAM MICRO MATERIALS
AVAILABLE HEREIN AND THEREIN (“MATERIALS”) ARE PROVIDED “AS IS” WITHOUT
REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. INGRAM MICRO
DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS
WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR
ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED
WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE
LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE-TO-STATE.

 


15.     LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE
MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED
THEREIN.

IN NO EVENT WILL INGRAM MICRO, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR
ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR
DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM,
LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE
TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS
TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY
RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE
OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS
IN ANY MANNER WHATSOEVER IS LIMITED TO FIVE ($5.00) US DOLLARS. 

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR US
TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS
WERE TO BE ASSUMED BY US, WE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT
CHARGING SUBSTANTIALLY HIGHER FEES. 

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.

 


16.     INDEMNIFICATION

You agree to, upon request, defend, indemnify and hold harmless Ingram Micro,
its affiliates, and their respective directors, officers, employees,
shareholders, partners, or agents from any and all liabilities, claims, demands,
losses and expenses, including attorneys’ fees, which arise directly or
indirectly from, or relate to: (1) any breach of these Terms of Use for which
you are responsible; (2) any User Materials submitted by you or through your
Account; or (3) your use of this Website or transmission of any materials or
other content through this Website. We reserve the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and you shall not in any event settle any such matter
without our prior written consent. This indemnification section will survive any
termination or expiration of these Terms of Use.

 


17.     CONTACTING INGRAM MICRO

If you need to contact us regarding this Website or these Terms of Use, please
e-mail us at legaldept@ingrammicro.com. You can also contact us via mail
addressed to Ingram Micro Inc., 3351 Michelson Drive, Suite #100, Irvine, CA
92612.

 


18.     YOUR COMMENTS

Feel free to email your comments, suggestions and feedback (“Comments”) to
Ingram Micro at the e-mail addresses provided in this Website. You agree with
respect to any Comments you provide, via e-mail or otherwise, that: (i) we have
no obligation concerning such Comments; (ii) such Comments are non-confidential;
(iii) we may use, disclose, distribute or copy such Comments and may use any
ideas, concepts or know-how contained in such Comments for any purpose and
without restriction or obligation to you and without payment of any royalties to
you; and (iv) such Comments are truthful and do not violate the legal rights of
others.

 


19.      ACCESS RELATED TO ALLEGED VIOLATIONS 

To ensure that we provide a high quality experience for you and for other users
of this Website, you agree that we may access your Account and all information
and any records related thereto on a case-by-case basis to investigate
complaints or allegations of abuse, infringement of third party rights, or other
unauthorized uses of this Website, and you agree to give us full access to your
Account and all information and records related thereto without the need for
additional authorization and without any claim to privacy or other rights to
such Account and related information and records.

We do not intend to disclose the existence or occurrence of such an
investigation unless required by law or if requested by law enforcement
officials, but Ingram Micro reserves the right to terminate your Account or your
access to this Website immediately, with or without notice to you, and without
liability to you, if we believe you have violated any of these Terms of Use,
furnished false or misleading information, or interfered with use of this
Website by others.

 


20.     MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of
the State of California and the United States of America, without regard to
their respective principles of conflicts of law. You agree to the exclusive
personal jurisdiction by the federal and state courts located in Orange County,
California, United States of America, in any matter arising from or related to
these Terms of Use and your use of the Website and you waive any jurisdictional,
venue, or inconvenient forum objections to such courts.  The parties agree that
all notices hereunder will be in the English language only. If any provision of
these Terms of Use is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms of
Use and shall not affect the validity and enforceability of any remaining
provisions. These Terms of Use set out the entire agreement between us relating
to the subject matter herein and supersede any and all prior or contemporaneous
written or oral agreements between us; however, you acknowledge and agree that
your purchase, procurement and/or use of any products or services from Ingram
Micro may be subject to additional terms and conditions as set forth in a
separate agreement between you and Ingram Micro and that these Terms of Use are
in addition to any terms and conditions therein. These Terms of Use are not
assignable, transferable or sub-licensable by you except with our prior written
consent. These Terms of Use provide only for the use of this Website. These
Terms of Use shall not be construed as a teaming, joint venture, or other such
arrangement, unless the parties expressly and explicitly execute an agreement to
that effect. No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default. Any
heading, caption or section title contained in these Terms of Use is inserted
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