Overview
Welcome to the family of sites provided by Premier SSG, Inc. (“Premier”). This agreement applies to all of the websites on which it is posted including Premierssg.com, JobAlarm.com and WalkupScreener.com (collectively “Premier Sites”). Use and access to the Premier Sites (including any rebranded or white label version of the Premier Sites), and the text message and applicant tracking services described below (the “Services”), are subject to these terms and conditions of use (the “Terms”) as well as our Privacy Policy located at www.jobalarm.com/privacy.html.
We reserve the right to change these Terms from time to time. Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use any of the Premier Sites or Services after we post any such changes, you accept these Terms, as modified.
THESE TERMS FORM A BINDING CONTRACT BETWEEN YOU AND PREMIER. By accessing one of the Premier Sites or our Services, you accept these Terms and certify that you have reviewed these Terms are within or have reached the age of majority or age 18 (whichever is greater) in your jurisdiction. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY PREMIER.
The Services
Services described on the Premier Sites may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You agree to use the Premier Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
The Services consist of one or more of the following: a web-based interface, access to incoming telephone number or keywords, messaging applications, SMS gateway access, data encryption, data transmission, data access, data storage, applicant tracking and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support, that enable you to send text messages to recipients designated by you (collectively, the “Services”). We provide MT outbound messages through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Services, and for paying all access charges (e.g. ISP, telecommunications) incurred while using the Services.
Premier only provides that the Services are processed correctly and delivered by Premier to the applicable network. Premier is not responsible for the final delivery of any communication initiated through Premier’s Services, as this is out of our control and is the responsibility of the communications carrier.
Premier transmits and receives text messages via major telecommunications companies and mobile network operators, and thus Premier’s influence over the timing of the transmission of your messages and broadcasts is within the technical constraints imposed upon Premier. While Premier shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Premier is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Premier for any such non-deliveries.
You agree that message and broadcast contents are deemed to have zero value. Further, you are solely responsible for the content and nature of any message you send through the Services, and Premier is merely the mechanism by which your message is delivered to the end user. Premier has no liability or responsibility regarding the outcome of any message.
Usage Policy
To the extent you provide phone numbers to Premier related to the Services, you represent and warrant that the owners of those phone numbers, to which outbound messages and broadcasts are transmitted through the Services, have consented or otherwise opted-in to the receipt of such messages and broadcasts. You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through Premier’s Services and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Premier Services and the Premier Sites.
You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through the Premier Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Premier Services by visiting the following websites:
The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. Premier is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the Premier Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.
You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Premier Sites or Services.
You accept that the Services are provided for professional use only, and you agree that your use of the Premier Sites or Services shall not include:
You agree that Premier is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and Premier will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. Premier will not be liable for any misuse of the Services by you. Premier is not responsible for the views and opinions contained in any of your messages or broadcasts.
Additional Terms Applicable to Employers
Employers are solely responsible for their postings on the Premier Sites. Premier is not to be considered to be an employer with respect to your use of any Premier Site and Premier shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Premier Site.
You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from Premier, including saved resumes, contacts, and history, may be deleted from Premier's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Premier’s web servers.
In order to protect our Premier users from commercial advertising or solicitation, Premier reserves the right to restrict the number of messages which an employer may send to users to a number which Premier deems appropriate in its sole discretion.
A job listing may not contain:
You may not use the Premier Sites or Premier Services to:
Premier reserves the right to remove any job posting or content from any Premier Site, which in the reasonable exercise of Premier’s discretion, does not comply with the Terms, or if any content is posted that Premier believes is not in the best interest of Premier.
If at any time during your use of the Premier Services, you made a misrepresentation of fact to Premier or otherwise misled Premier in regards to the nature of your business activities, Premier will have grounds to terminate your use of the Premier Service.
Content Submission / Discussion Areas
You agree that any information or materials that you or individuals acting on your behalf provide to Premier (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. By providing any such information or materials to Premier (other than information required for your use of the Services as contemplated herein), you grant to Premier an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials, and you further agree that Premier is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Premier. In connection with such information and materials, you warrant and represent to Premier that you have all rights, title and interests necessary to provide such content to Premier, and that your provision of the content to Premier shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Premier may at its option provide you with one or more areas within the Premier Sites for online discussions (e.g. message boards, wikis, chat rooms, or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Premier reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Premier shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
Username / Password
As part of the registration process you will need a username and/or password. You shall provide Premier with accurate, complete, and regularly updated member profile information. You agree to notify Premier of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in Premier’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Intellectual Property
You are permitted to access the Premier Sites, the Services, and any content provided by Premier (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Premier Sites or otherwise) solely for the purpose of receiving information about Premier’s business and products, purchasing and utilizing the Services, communicating with Premier, entering prize promotions offered by Premier, or otherwise as stated on the Premier Sites. Premier hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Premier Sites and Services solely for the purpose of operating the Premier Sites and using the Services.
We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the Premier Sites. Except as expressly provided in these Terms, the availability of the Services and the Premier Sites does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Premier Sites are the sole property of Premier or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services or Premier Sites, including any proprietary communications protocol used by the Services or the Premier Sites without the express written permission of Premier. All other trademarks or trade names are the property of their respective owners.
Data Protection & Privacy
In order to ensure your compliance with these Terms and to ensure that Premier complies with national and international laws, we may, from time to time, randomly check the messages and broadcasts that you send. Nonetheless, we are committed to maintaining the privacy of your information, pursuant to our Privacy Policy, located at http://www.jobalarm.com/privacy.html. Except as otherwise required for your use of the Services as contemplated herein, Premier does not want you to, and you should not, send any confidential or proprietary information to Premier via the Premier Sites or the email addresses referenced on the Premier Sites.
You further recognize that Premier does not want you to, and you warrant that you shall not, provide any information or materials to Premier that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Payments
Your use of the Services is contingent on your paying for such use (whether paid in advance or through the purchase of credits on the Premier Sites), in the amounts and using the methods indicated on the Premier Sites. Your payment for the Services, keywords, usage-sensitive fees and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when Premier receives the full amount of payment owed for such Services, Credits, keywords, and/or plans. You are responsible to pay for any message or broadcast you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As Premier is dependent on other entities for the delivery of your messages and broadcasts, our price per credit may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice.
Premier will charge your indicated method of payment for the Services, Credits, keywords and/or plans immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. Your account will be credited within 24 hours of Premier verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by Premier.
Premier cannot readily or accurately ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in Texas and is subject to any applicable Texas taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by Premier, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed.
Premier shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
As between you and Premier, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. Standard charges apply to any test call sent originating from your account or initiated using your API key.
In the event of accidental under billing in favor of a customer, a non-payment by customer under these Terms, Premier shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred from counsel of Premier’s choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.
No Warranty; Limitation of Liability
Premier reserves the right to modify, suspend, or discontinue the offering of any of the Premier Sites or Services at any time for any reason without prior notice. Further, while Premier utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Premier Sites or Services.
You acknowledge that text messages are transmitted unencrypted and that eavesdropping of communications by third parties is possible. Premier recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
Premier shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. Premier will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in Premier offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service.
The Premier Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to respond to job opportunities, submit resumes and evaluate job opportunities. Premier does not screen or censor the listings. Premier is not involved in, and does not control, the actual transaction between employers and candidates. As a result, Premier is not responsible for user content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Premier makes no representations about any jobs, resumes or user content on the Premier Sites. While Premier reserves the right in its sole discretion to remove user content, job postings, resumes or other material from the Premier Sites from time to time, Premier does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Premier Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Premier Sites. Because user authentication on the Internet is difficult, Premier cannot and does not confirm that each user is who they claim to be.
You acknowledge there are also risks associated with SMS and MMS messaging, including a risk of the recipient becoming distracted while driving or while engaged in other hazardous activities. You assume all risks associated with these risks, and you release Premier from all liability and obligations arising from any personal injury, property damage, death or dismemberment related to any message sent through the Premier Services.
Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Premier Site, in the event that you have a dispute with one or more users, you release Premier (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
Premier encourages you to keep a back-up copy of any of your content. To the extent permitted by law, in no event shall Premier be liable for the deletion, loss, or unauthorized modification of any content.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PREMIER SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, PREMIER DOES NOT WARRANT THAT THE USE OF THE PREMIER SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL PREMIER BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, PREMIER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE PREMIER SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. PREMIER MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. PREMIER SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE PREMIER SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, PREMIER IS NOT RESPONSIBLE FOR THOSE COSTS. PREMIER'S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE PREMIER SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO PREMIER HEREUNDER. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." User Warranties; Indemnification You warrant and represent to Premier that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the Premier Sites and Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing. You agree to indemnify and hold harmless Premier and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Premier in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the Premier Sites or Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to Premier by you as a direct result of a violation of local, state, national or international laws and regulations, including but are not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Premier to you. Termination, Cancellation and/or Suspension by Premier If at any time you breach these Terms, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our client, your financial status or the content of the messages or broadcasts originating from you. Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Premier shall have no obligation to you after any termination or cancellation of these Terms. Should such a termination take place when you still have credits in your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by Premier, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties. The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of the Services or Premier Sites. Termination by the User You are free to terminate or cancel your use of the Services at any time, and for any reason. Notwithstanding the foregoing, unless due to a breach solely by Premier that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall Premier be obligated to refund to you the reasonable value of any unused credits previously purchased by you. Links to other Websites The Premier Sites may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Premier of the contents on such third-party websites. Premier is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Premier cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from the Premier Sites, since these websites are owned and operated by independent third parties. Premier does not endorse any of the products/services, nor has Premier taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. Premier does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. Premier strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties. Premier consents to links to the Premier Sites which conform to the following: the appearance, position, and other aspects of any link to the Premier Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Premier nor be such as to damage or dilute the goodwill associated with the name and trademarks of Premier or its affiliates. Premier reserves the right to revoke this consent to link at any time in its sole discretion, without notice. Security Rules You are prohibited from violating or attempting to violate the security of the Premier Sites and Services and from using the Premier Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Premier Sites or Services, host or network, including, without limitation, via means of submitting a virus to the Premier Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Premier packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Premier may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the Premier Sites who are involved in such violations. Mobile Device
If you use the Premier Sites through a mobile device, you agree that information about your use of the Premier Sites through your mobile device and carrier may be communicated to Premier, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Premier Sites through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Premier Sites using a mobile device, you represent that to the extent you import any of your Premier data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Premier account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Premier Sites through your mobile access provider. Therefore, you should check with your provider to find out if the Premier Sites are available and the terms for these services for your specific mobile devices. Force Majeure Premier shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of Premier. In addition, Premier shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services. Choice of Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the State of Texas notwithstanding its laws governing conflicts of laws. Except as hereinafter provided, any dispute arising under these Terms shall be settled and determined by binding arbitration in Plano, Texas in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended (the “Federal Arbitration Act”), to the exclusion of state laws inconsistent therewith. The terms of the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”) then in effect shall apply except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States. The award of the arbitrator shall be based on the evidence admitted and the substantive law of the State of Texas (subject to any applicable preemption or supersedence by U.S. federal substantive law) and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator, and such award shall set forth in writing the factual findings and legal reasoning for such award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit Premier’s access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The statute of limitations applicable under Texas law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder. Anything in the foregoing paragraph to the contrary notwithstanding, Premier may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms. These Terms are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to Premier are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms. Miscellaneous The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Premier may give notice to you by means of a general notice on the Premier Sites or Services, electronic mail to your e-mail address on record in Premier’s account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in Premier's account information.
By using any downloadable application to enable your use of the Premier Sites, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Premier in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, Premier will be entitled to recover costs and attorneys' fees if it substantially prevails.
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