Terms of Use

1. Agreement to Terms

By accessing or using the website at www.terraininteldistro.com (the “Site”) or any services offered by TerrainIntel LLC, a North Carolina limited liability company doing business as “TerrainIntel Distro” (“TerrainIntel,” “we,” “us,” or “our”), you (“you” or “User”) agree to be bound by these Terms of Use (“Terms”) and by our Privacy Policy, Cookie Statement, and Accessibility Statement, each of which is incorporated into these Terms by reference.

If you do not agree to these Terms, do not use the Site.

We may modify these Terms from time to time and will update the “Last updated” date accordingly. For material changes, we will provide reasonable advance notice through a banner on the Site or by other conspicuous means. Your continued use of the Site after changes have been posted constitutes your acceptance of the revised Terms.

2. Our Services and Positioning

TerrainIntel operates smart markets, micro markets, and smart cooler solutions, and provides general information about our products, services, and company through the Site.

TerrainIntel is a smart market and micro market operator. We are not a vending machine reseller, distributor, or equipment broker. Our mission is to enhance your workplace or property’s on-site food and beverage experience through modern, managed, and operationally simple smart market solutions.

Information on the Site is provided for informational purposes and does not constitute a binding offer. Agreements for smart market placement, service, and supply are subject to separate written contracts between TerrainIntel and the location. Nothing on the Site guarantees the availability of any specific product, equipment configuration, or service.

Product images, specifications, and descriptions on the Site are provided for reference and may vary by installation, supplier availability, or manufacturer updates. We reserve the right to substitute products, equipment, or services of equivalent or greater quality at our discretion.

3. Eligibility and User Conduct

The Site is intended for users who are at least 18 years old. If you are under 18, you may use the Site only with the permission of a parent or guardian.

You agree not to:

• Upload or transmit any content that is unlawful, defamatory, abusive, obscene, discriminatory, misleading, or infringing on third-party rights.
• Interfere with or disrupt the Site, its servers, or networks.
• Attempt to gain unauthorized access to any portion of the Site or to any other systems or networks connected to the Site.
• Use any automated system, including scrapers, crawlers, or bots, to access the Site except for publicly permitted search engine indexing.
• Collect or harvest information about other users without their consent.
• Use the Site for any purpose that violates applicable law, including federal and state consumer protection statutes and privacy laws.
• Frame, mirror, or embed the Site on any other website without our prior written consent.

4. Requests for Services and Pricing

If you request information about equipment, placement, or service, you may provide contact details and service needs through our forms. We will review your request and may contact you to discuss availability and fit. Prices and terms for smart market installations are determined in a written agreement.

Any price displayed on the Site is an estimate and may vary based on location, installation requirements, audience size, product mix, and payment method.

Transparent Pricing. TerrainIntel will not impose undisclosed surcharges for credit, debit, or prepaid card payments. Where a difference exists between cash and card pricing, we will display both prices on the machine, on any digital interface, and in any applicable contract. We do not guarantee that all machines will accept cash; some machines may be cashless for security and sanitation reasons, which will be clearly indicated at the point of sale.

5. Intellectual Property

All content on the Site — including text, graphics, logos, photographs, videos, and software (collectively, the “Content”) — is the property of TerrainIntel or its licensors and is protected by copyright, trademark, trade dress, and other intellectual property laws.

Trademarks. “TerrainIntel,” “TerrainIntel Distro,” and the TerrainIntel logo are trademarks of TerrainIntel LLC. All other trademarks, service marks, and trade names used on the Site are the property of their respective owners.

Limited License. We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Site for your personal or internal business purposes. You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, translate, or create derivative works of any Content without our prior written consent, except that you may view, download, and print pages for your personal, non-commercial reference provided you retain all copyright and proprietary notices.

6. DMCA Notice and Designated Agent

TerrainIntel respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe material on the Site infringes a copyright you own, submit a written notice to our designated DMCA agent containing:

1. A physical or electronic signature of the copyright owner or authorized representative.
2. Identification of the copyrighted work claimed to be infringed.
3. Identification of the material on the Site claimed to be infringing, with information reasonably sufficient to locate it.
4. Your contact information (address, telephone, email).
5. A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

7. Third-Party Links

The Site may contain links to third-party websites or resources, including equipment manufacturer specifications, government agencies, and industry publications. We provide these links for convenience and do not endorse or control the content of these third-party sites. Your use of third-party websites is at your own risk and subject to their terms and policies.

8. Electronic Communications

By providing your contact information through the Site, you consent to receive electronic communications from TerrainIntel, including emails, text messages (where applicable and permitted by law), and other electronic notices related to your inquiry or the services you request.

You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing email, by emailing privacy@terraininteldistro.com, or by replying “STOP” to any SMS message. Opting out of marketing communications does not affect our ability to send you transactional, service-related, or legally required communications.

9. Veteran-Owned Disclosure

TerrainIntel is proud to be owned and controlled by a U.S. military veteran. We certify our status through the U.S. Small Business Administration’s VetCert program. This certification qualifies us for certain federal contracting opportunities but does not imply endorsement by any government agency. We do not claim to be a Service-Disabled Veteran-Owned Small Business unless separately certified.

We state our status truthfully and encourage customers to verify certification through the SBA’s public database at veterans.certify.sba.gov.

10. Disclaimers

The Site and its content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, TerrainIntel disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or servers are free of viruses or other harmful components.

11. Limitation of Liability

Under no circumstances shall TerrainIntel or its owners, officers, employees, contractors, or agents be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages — including lost profits, lost data, or business interruption — arising from or related to your use of the Site, even if we have been advised of the possibility of such damages.

Our total cumulative liability for any and all claims arising out of or relating to the Site shall not exceed the greater of (a) one hundred U.S. dollars (US $100.00) or (b) the amount you paid us, if any, for using the Site in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the exclusions or limitations in this section may not apply, and you may have additional rights.

12. Indemnification

You agree to indemnify, defend, and hold harmless TerrainIntel and its owners, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your violation of these Terms, your misuse of the Site, your violation of any applicable law, or the rights of a third party.

13. Termination

We may, in our sole discretion and without notice or liability, suspend or terminate your access to all or any portion of the Site at any time, including for violation of these Terms. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Dispute Resolution — Binding Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

You and TerrainIntel agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services — other than small claims matters or claims for injunctive relief to protect intellectual property rights — shall be resolved exclusively through final and binding individual arbitration, rather than in court. The arbitration shall be administered by JAMS in Wake County, North Carolina.

Class Action Waiver: You and TerrainIntel agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

You may opt out of this arbitration provision by sending written notice to legal@terraininteldistro.com within thirty (30) days of first accepting these Terms. Either party may bring an individual action in small claims court for any dispute that qualifies under the rules of that court.

15. Governing Law and Venue

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law principles. To the extent any dispute is not subject to arbitration under Section 14, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Wake County, North Carolina.

16. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government action, utility failures, or internet or telecommunication outages.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

18. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver shall be effective unless made in writing and signed by an authorized representative of TerrainIntel.

19. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Statement, and Accessibility Statement, constitute the entire agreement between you and TerrainIntel regarding your use of the Site, and supersede all prior or contemporaneous communications and agreements, whether written or oral, regarding this subject matter.

20. Contact Us