TERMS OF SERVICE

OVERVIEW

 THIS VERSION IS IN EFFECT SINCE JUNE 22, 2018.

 THIS AGREEMENT GOVERNS YOUR USE OF THE PREMIUM TRANSPORTATION GROUP, INC.’S, ITS SUBSIDIARIES AND AFFILIATE’S (HEREINAFTER “PREMIUM TRANSPORTATION”) WEBSITE AND THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEBSITE.  THIS AGREEMENT EXEMPTS PREMIUM TRANSPORTATION AND OTHER PERSONS FROM ANY LIABILITY AND LIMITS ITS LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS YOU SHOULD READ EACH TIME YOU USE THIS WEBSITE.  THIS AGREEMENT AS IT CURRENTLY READS GOVERNS YOUR USE OF THE WEBSITE. 

This website is operated by Premium Transportation and the content on the website is owned by Premium Transportation and/or any third parties that post on the website with permission from Premium Transportation, but for whom Premium Transportation assumes no direct liability.  Throughout the site, the terms “we”, “us” and “our” refer to Premium Transportation Premium Transportation offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the website shall be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website or any contact on the website, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

This website is intended for viewing in the United States, only. All services will be performed in the United States.

 

SECTION 1 – ONLINE TERMS

By using this site you affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent.    By using this site, you further represent that you are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service, and you agree to abide by and comply with these Terms of Service.

You agree that in using this website, you will not use it for any purpose that is unlawful or in contravention of any of the Terms of Service.

A breach or violation of any of the Terms of Service will result in an immediate termination of our your access to this website and may result in Prosecution.

SECTION 2 – GENERAL CONDITIONS

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information and information protected by the Health Insurance Portability and Accountability Act is always encrypted during transfer over networks.

SECTION 3 – SCOPE OF THIS AGREEMENT

These Terms of Service are in addition to and supplements any written agreements that you or any persons you represent have with Premium Transportation (now or in the future) concerning your dealings with Premium Transportation generally. This Agreement and all other agreements together constitute the entire agreement regarding your access to and use of the website, and supersede all previous agreements (written, oral or otherwise) regarding your access to and use of the Website. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with us (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the Website.

 

SECTION 4—CHANGES TO THIS AGREEMENT

 

We may, in our discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.

SECTION 5—ACCURACY OF INFORMATION

You agree to provide current, complete and accurate information while using the website. You agree to promptly update your information, should you see a discrepancy or if anything changes.

SECTION 6 – THIRD-PARTY LINKS

Certain content and services available may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

SECTION 7 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 9- PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THIS WEBSITE OR UNDERMINE Premium Transportation’s BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.  WE WILL ASSIST AND COOPERATE IN THE PROSECUTION OF ANY INDIVIDUALS(S) AND TO PURSUE ALL REMEDIES AVAILABLE.

SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

This website and all information contained on it is provided for informational purposes only, as is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind.

To the extent permitted by applicable law, Premier Transportation disclaims all warranties either express or implied.

YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PREMIER TRANSPORTATION’s  directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE.  PREMIER TRANSPORTATION,  ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PROPERTY DAMAGE OR  PERSONAL INJURY, OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY VIRUSES, BUGS, TROJAN HORSES, OR SIMILAR WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Premier Transportation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 12- SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 14 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 15 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Ohio.  All lawsuits arising from or related to the Terms of Service must be brought in the Federal or State courts located in Summit County, Ohio and you irrevocably submit to the exclusive personal jurisdiction of such courts.

SECTION 16 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

 EFFECTIVE DATE:  January 17, 2018