Please read this agreement ("Agreement") carefully before accessing or using Premier Logistics, Inc. web site (the "Site"). By accessing or using the Site, you agree to be bound by this Agreement. Premier Logistics, Inc. and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.
The information and services offered on the Site are provided with the understanding that neither Premier Logistics, Inc., nor its suppliers or users, are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
Premier Logistics, Inc. and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Premier Logistics, Inc. strives to keep the information on this Site accurate, complete and up-to-date, Premier Logistics, Inc. and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, our used with permission by Premier Logistics, Inc., its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of Premier Logistics, Inc...
No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to Premier Logistics, Inc. that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THIS SITE AND THE SERVICE OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Premier Logistics, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Premier Logistics, Inc. MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Premier Logistics, Inc. OR THROUGH OR FROM THE SITE OR ANY SERVICE OFFERED THEREAT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Premier Logistics, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Premier Logistics, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE ; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.
You agree to indemnify, defend and hold harmless Premier Logistics, Inc., its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
Links to Third Party Sites
Links to This Site
You may only provide a hypertext link to this Site on another web site provided that (a) the link must be a text only link clearly marked Premier Logistics, Inc.; (b) the link must "point" to the "home page" URL (Premier Logistics, Inc.) and not to other pages within the Site; (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Premier Logistics, Inc. or with the Site; (d) the appearance, position, and other aspects of the link may not create the false appearance that the linking page, its owner, or any other entity is associated with or sponsored by Premier Logistics, Inc. or the Site; and (e) the link, when activated by a user, must display the Site full screen and not within a "frame" on the linking web site. Premier Logistics, Inc. reserves the right to revoke its consent to the link at any time in its sole discretion.
Use of Submissions
Except as otherwise set forth in the Membership Agreement with respect to Members, postings to and communications with the Site are not private. You grant Premier Logistics, Inc. the unrestricted right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site (including your identity and information about you) for any purpose, including commercial uses, and to authorize others to do so. Any information you submit to Premier Logistics, Inc. in any medium shall become the property of Premier Logistics, Inc. and shall not be returned to you.
Changes to Site
Premier Logistics, Inc., its affiliates and/or its suppliers may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. Premier Logistics, Inc.. may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. Failure by Premier Logistics, Inc. or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Premier Logistics, Inc. and/or its affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Florida.
Premier Logistics, Inc. and other logos, product and service names are trademarks and service marks owned by or licensed to Premier Logistics, Inc. or its affiliates (the "Marks"). Without the prior written permission of Premier Logistics, Inc., or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.