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You acknowledge that Premier and anyone it designates shall have the right, but not the obligation, in their sole discretion to move or refuse to move any Materials that are available via the Website. Without limiting the foregoing, Premier and anyone it designates shall have the right to remove any Materials that violate this Agreement or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials. In this regard, you acknowledge that you may not rely on any Materials 1) created by Premier or on this Website, or 2) submitted to Premier or this Website, including without limitation information in any Premier bulletin boards and in all other parts of the Website.
You acknowledge and agree that Premier and this Website may preserve Materials and may also disclose Materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Materials violate the rights of third-parties; or (d) protect the rights, property, or personal safety of Premier and this Website, its users and the public.
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The content of this Website, including but not limited to text, pricing, availability and descriptions may contain errors or inaccuracies, and may not be complete or current. Premier reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you submitted your order and confirmation was received). We apologize for any inconvenience this may cause you.
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UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PREMIER OR THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF PREMIER, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PREMIER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL PREMIER BE RESPONSIBLE FOR ANY DAMAGES RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION, DESTRUCTION, OR ALTERATION OF A USER OR SUPPLIER'S SYSTEM (INCLUDING FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS).
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Premier does not condone any information sharing agreements among its suppliers or its users (including Users) which would utilize information from Premier which in any way would distort market forces. Premier also does not condone collusion among users (including Users), which would cause the exercise of monopoly power among buying groups. Premier will not enter into and does not condone the entering into of any agreements among competitors (whether suppliers or Users) to exclude or discriminate against web sites that are competitive with Premier. Premier shall not engage in over-inclusive ownership structures, rules, or incentives which would keep users of Premier from using or supporting a competitive Website.
This Agreement shall be governed by and construed in accordance with the laws of the state of Wisconsin, without giving effect to any principles of conflicts of law. You and Premier each agree to submit to the exclusive jurisdiction of the courts of the state of Wisconsin and the federal courts of the Eastern District of Wisconsin. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties. Premier does not guarantee continuous, uninterrupted or secure access to our services, and operation of this Website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that the Agreement and all incorporated agreements may be automatically assigned by Premier, in its sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of Premier to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The User and Premier are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Premier may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including without limitation, breach of this Agreement.
All material on this Website, without limitation, is protected by U.S. and foreign intellectual property laws, including specifically copyright laws. In order to receive permission to reprint any material on this Website (outside of personal, non-commercial use), please write to:
Premier Agendas, Inc.
PO Box 1579
Appleton, WI 54914-1579
Notification of a claim of copyright infringement must be submitted to the following:
Franzoi & Franzoi, S.C.
General Counsel, Premier Agendas, Inc.
514 Racine Street
Menasha, Wisconsin 54952
Fax (920) 725-0998
The notification must be in writing and include:
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