Terms of Service

Last Updated: December 20, 2024

Agreement to Terms

These Terms of Service ("Terms") govern your use of the Initiative Distribution website and services. By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Services

Initiative Distribution provides third-party logistics (3PL) services, including but not limited to:

  • Warehousing and storage
  • Order fulfillment and pick & pack services
  • Returns processing and management
  • Amazon FBA preparation
  • Kitting, assembly, and special projects
  • Shipping and freight services

Specific terms for services will be outlined in individual service agreements or proposals provided to clients.

Use of Website

Permitted Use

You may use our website for lawful purposes only. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful code, viruses, or malware
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of the website
  • Use automated systems to access the website without permission
  • Misrepresent your identity or affiliation

Account Registration

If you create an account with us, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Quotes and Pricing

Quotes provided through our website or pricing calculator are estimates only and not binding offers. Final pricing and service terms will be agreed upon in a formal service agreement. We reserve the right to:

  • Modify pricing based on actual service requirements
  • Decline to provide services at our discretion
  • Adjust rates with proper notice as outlined in service agreements

Service Agreements

All fulfillment and logistics services are subject to a separate service agreement between you and Initiative Distribution. These Terms of Service apply to use of our website, while service agreements govern the provision of logistics services. In case of conflict, the service agreement will prevail regarding service delivery.

Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Initiative Distribution or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

User Content

By submitting content to us (such as through forms, emails, or other communications), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for business purposes. You represent that you have the right to grant this license and that the content does not violate any third-party rights.

Disclaimers

Our website and the information provided are offered "as is" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the website will be uninterrupted or error-free
  • Warranties regarding the accuracy or completeness of information

While we strive to provide accurate information, we do not warrant that pricing, specifications, or other content on the website is complete, accurate, or current.

Limitation of Liability

To the fullest extent permitted by law, Initiative Distribution shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use or inability to use the website
  • Any unauthorized access to or use of our servers
  • Any interruption or cessation of transmission to or from the website
  • Any bugs, viruses, or similar harmful code
  • Any errors or omissions in content

Limitations of liability for actual fulfillment services will be governed by individual service agreements.

Indemnification

You agree to indemnify, defend, and hold harmless Initiative Distribution and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or in any way connected with your access to or use of the website or violation of these Terms.

Third-Party Links

Our website may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of these external sites. Your use of third-party websites is at your own risk and subject to their terms and conditions.

Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

Termination

We reserve the right to suspend or terminate your access to the website at our sole discretion, without notice, for any reason, including violation of these Terms. Upon termination, your right to use the website will immediately cease.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflict of law provisions. Any disputes arising from these Terms or use of the website shall be subject to the exclusive jurisdiction of the courts located in West Virginia.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Initiative Distribution regarding use of the website and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Initiative Distribution

29 Industrial Park Road, Building 2

Upper Tract, WV 26866

Phone: (304) 358-3891