Agreement between User and Premier Manufacturing Products
Welcome to Premier Manufacturing Products. The Premier Manufacturing Products website (the “Site”) consists of various web pages operated by Premier Manufacturing Products (“we”, “us”, “our”). The Site https://www.premiermp.com/ (PremierMP.com) is offered to you conditioned on your acceptance without modification of these Terms and Conditions (“terms and conditions”). By accessing, browsing, or shopping on this website, you agree to all the terms and conditions herein.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
PremierMP.com is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site.
Visiting PremierMP.com or sending emails to Premier Manufacturing Products constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites/Third Party Services
PremierMP.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Premier Manufacturing Products and Premier Manufacturing Products is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Premier Manufacturing Products is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Premier Manufacturing Products of the site or any association with its operators.
Certain services (“Third Party Services”) made available via PremierMP.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the PremierMP.com domain, you hereby acknowledge and consent that Premier Manufacturing Products may share such information and data with any third party with whom Premier Manufacturing Products has a contractual relationship to provide the requested product, service, or functionality on behalf of PremierMP.com users and customers.
The Site may also contain pictures, graphics, video, information, and other content belonging to or originating from third party sites and organizations (“Third Party Content”). Inclusion of Third Party Content does not imply approval or endorsement of any third party site or organization. If you decide to leave PremierMP.com and access third party sites or organizations, you do so at your own risk and Premier Manufacturing Products’ terms and conditions can no longer govern. You should review the Terms and Conditions from all other sites and organizations. You shall hold us harmless from any harm caused to you relating to or resulting from any Linked Sites, Third Party Services, and Third Party Content.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use PremierMP.com strictly in accordance with these terms and conditions. As a condition of your use of the Site, you warrant to Premier Manufacturing Products that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Premier Manufacturing Products or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, and/or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Premier Manufacturing Products content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the prior express written permission of Premier Manufacturing Products and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Premier Manufacturing Products or our licensors except as expressly authorized by these terms and conditions.
Materials Provided to PremierMP.com or Posted on Any Premier Manufacturing Products Web Page
Premier Manufacturing Products does not claim ownership of the materials you provide to PremierMP.com (including feedback and suggestions) or to any Premier Manufacturing Products Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Premier Manufacturing Products, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Premier Manufacturing Products is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Premier Manufacturing Products’ sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
The Service is controlled, operated, and administered by Premier Manufacturing Products from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Premier Manufacturing Products Content accessed through PremierMP.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Premier Manufacturing Products, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms and conditions or your violation of any rights of a third party, and your violation of any applicable laws, rules or regulations. Premier Manufacturing Products reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Premier Manufacturing Products in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted and hereby waived by all parties. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Premier Manufacturing Products agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PREMIER MANUFACTURING PRODUCTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PREMIER MANUFACTURING PRODUCTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PREMIER MANUFACTURING PRODUCTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PREMIER MANUFACTURING PRODUCTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PREMIER MANUFACTURING PRODUCTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Premier Manufacturing Products reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. without limiting any terms and conditions. In addition to terminating your access, Premier Manufacturing Products reserves the right to take appropriate legal action.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Premier Manufacturing Products as a result of this agreement or use of the Site. Premier Manufacturing Products’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Premier Manufacturing Products’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Premier Manufacturing Products with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Premier Manufacturing Products with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Premier Manufacturing Products with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Premier Manufacturing Products reserves the right, in its sole discretion, to change the terms and conditions under which Premier Manufacturing Products is offered. The most current version of the Terms will supersede all previous versions. Premier Manufacturing Products encourages you to periodically review the terms and conditions to stay informed of our updates.
Premier Manufacturing Products also reserves the right to change, add, or remove the contents of the Site at any time and for any reason at our sole discretion, without notice. We have no obligation to update any information on the Site. We cannot guarantee site availability at all times. We will not be liable to you or any third party site or service for any change, suspension, or discontinuance of the Site.
Premier Manufacturing Products welcomes your questions or comments regarding the terms and conditions:
Email Address: email@example.com
Telephone number: 239 542 0260
Effective as of January 14, 2021