Last Updated: July 15, 2019
Welcome to the website of Premier Warehousing Services, Inc. and its subsidiaries, including, without limitation, Premier Warehousing Ventures, LLC, Premier Warehousing Services of Texas, LLC and Rogers-Premier Enterprises, LLC [SA1] (collectively, “Premier,” “we,” or “us”). These Website Terms of Use (these “Terms”) are important and affect your legal rights when and if you use our website located at http://www.premierwhs.com/ (this “site”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ABIDE BY THE FOLLOWING TERMS. By accepting these Terms, you represent that you are 16 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. For the purposes of this Agreement “You” means the person accessing this site, or if that person is acting for a company or other entity, “you” means that company or other entity and all of its officers, directors, shareholders, employees, members, managers and agents.
If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use this site or any features provided on this site. By accessing or using this site, you represent and warrant that you have not been previously suspended or removed from this site, or engaged in any activity that could result in suspension or removal from this site.
These Terms may be revised at any time for any reason, and Premier may provide you notice of these changes by any reasonable means, including by providing notice through this site. You can determine when we last updated this site by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use this site, you confirm your acceptance of the revised Terms. We strongly recommend that you periodically visit this page of this site to review these Terms. If you do not agree to the revised Terms, you may not access or use this site.
LICENSE TO ACCESS AND USE THIS SITE AND CONTENT
Unless otherwise indicated in writing by us, this site and all content and other materials contained therein, including, without limitation, the Premier logo and all other logos, designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Premier or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws. Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in this site or Content under these Terms, or any other rights thereto other than to use this site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially this site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of this site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of this site or Content, except as expressly permitted by us, (f) interfere with this site or servers or networks used in connection with this site; or (g) use this site or Content other than for their intended purposes.
Any use of this site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Premier or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
COLLECTION OF PERSONAL DATA; PRIVACY
Premier is a services business headquartered in North Carolina, U.S.A. We do not provide services outside of the United States and, accordingly, individuals who are residents of or located in the European Union should not submit any personal data regarding themselves to us inasmuch as this site and our administrative procedures have not been designed to be undertaken consistent with the requirements of the General Data Protection Regulation (“GDPR”).
On the “Contact Us” page of this site, you can share contact information for yourself, opt in to be added to our mailing list to receive information about our services, and submit messages to us. You can always choose whether or not to provide information on the site. In any case, we ask that you not submit highly sensitive personal data such as social security numbers or health information via the “Message” field on the “Contact Us” page. If you contact us with question or comments, we may obtain the contact information you provided in order to reply to you. If you choose to complete the form, you agree to (a) provide accurate, current and complete information, and (b) immediately notify us if you discover or otherwise suspect any security breaches related to this site. Any changes to your contact information may be made by completing a new “Contact Us” form. If you provide information that is untrue, inaccurate, not current or incomplete, we may be unable to contact you or to respond to your message.
You also consent to receive electronic communications from Premier (e.g., via email if you provide us your email address or by posting notices to this site). These communications may include notices related to these Terms and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. If you opt in to be added to our mailing list, we may also send you communications about our services via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the “unsubscribe” instructions provided therein.
Premier is committed to processing and protecting the personal data collected through this site when you use this site in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data. Premier’s policy is to retain personal data necessary to provide our services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal data that you or others provided to us and personal data generated or inferred from your use of our services. When Premier is the data controller, we will decide how your personal data is processed and for what purposes.
Where Premier has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Premier may disclose IP addresses, personal information, and any contents of this site where it is legally compelled to do so.
We implement a number of security features to help guarantee and ensure to the greatest extent possible that your information is safe. We use industry standard technologies when transferring and receiving user data exchanged between Premier and third parties to ensure its security. User data may be stored on servers maintained by our third party partners and subject to their security safeguards. We take care to use only service providers who have agreed to comply with all applicable laws, and who we believe are reputable and able to maintain the security of personal information and confidential information.
Personal Information We Share
We do not sell, rent, trade, or otherwise share personal information collected through the site, except as described below:
- Subsidiaries and Affiliates. We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.
- Service Providers. We may work with third parties that provide services on our behalf in relation to the site. Such services may include website hosting, marketing, and website usage analytics. We may share personal information and non-personal information with these third parties for the purpose of enabling them to provide these services.
- Consent. We may share personal information in accordance with any consent you provide.
- Required by Law. We may disclose personal information or any information collected through this site if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.
- Certain Transactions. We may disclose or transfer personal information or any information collected through this site to an acquirer or its agents in the course of any sale process regarding the sale of our business, whether such acquisition is by way of merger, consolidation, sale of stock/ownership interests, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us. If we do this, the disclosure will be subject to confidentiality arrangements customary in such transactions and the acquirer’s rights to your personal information will be subject to the same restrictions and limitations as are set forth in these Terms.
Cookies
Our Internet pages utilize cookies. Cookies are text files that are stored in a computer system via an Internet browser. We only use cookies that are essential for this site to work properly. We do not use tracking cookies or cookies for analytics, advertising, or other functional services like survey and chat tools. When you use this site, you consent to our use of these essential cookies. You may, at any time, prevent the setting of cookies through this site by means of a corresponding setting of the Internet browser used, and may, as a result, deny the future setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If you deactivate the setting of cookies in the Internet browser used, not all functions of this site may be entirely usable.
Server Log Files
Our Internet pages collect a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time (so-called timestamp) of access to the Internet site, (6) an Internet protocol address (IP address), (7) the internet service provider (ISP) of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using this general data and information, we do not draw any conclusions about the person accessing this site. Rather, this information is needed to (1) deliver the content of this site correctly, (2) optimize the content of our website, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, except in case of an attack on our systems, we analyze pseudonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal information we process. The pseudonymous data of the server log files are stored separately from all personal information provided by a person accessing this site.
Duration of Storage of Your Personal Information
We will only retain your personal information for so long as we reasonably need to use it for our current or prospective business relationship with you unless a longer retention period is required by law (for example for regulatory purposes). When the need for retaining the information no longer exists, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the purpose for which we collected the personal information.
Further Processing
If we wish to use your personal information for a new purpose, not covered by these Terms, or by existing consent or contractual obligations, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever your express consent to any change or update is required under data protection law, we will seek your prior consent to the new processing.
Contact Details
Our point of contract for questions related to data protection is:
Premier Warehousing Services, Inc.
PO Box 7927
Rocky Mount, NC 27804
Phone: 252-937-4877
Email: jdaniel@premierwhs.com
If you have any concerns about the collection, use, or processing of personal information, please contact us using the contact information provided above. In the event of a privacy related issue or complaint, we will investigate and attempt to promptly resolve any complaints and disputes regarding use and disclosure of personal information.
Children’s Privacy
This site is not intended for children under the age of sixteen (16). If you are under the age of eighteen (18), we encourage you to review these Terms with an adult to understand what type of information we collect, how it is used and how it may be disclosed.
TRADEMARKS
The Premier logo, and any other Premier product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on this site are the property of Premier or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in this site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Premier or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.
DISCLAIMER
The information provided on this site is for informational purposes only. Premier does not guarantee the accuracy or completeness of any of the information accessible through this site. This site is provided on an “AS IS” and “AS AVAILABLE” basis. Premier is not liable to any user or anyone else for any decision made or action taken based on reliance upon the information contained on or provided through this site. Premier is not obligated to continue to make this site available for any period of time and does not guarantee continuous, uninterrupted or secure access to this site. PREMIER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, AVAILABILITY, SUITABILITY, RELIABILITY OF ANY INFORMATION PROVIDED HEREIN, OR SECURITY, USEFULNESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WARRANTIES REGARDING COMPLETENESS OF THE CONTENT OF THIS SITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL PREMIER ASSUME OR BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, SPECIAL, EXEMPLARY OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER COMMERCIAL DAMAGE, RESULTING FROM OR ARISING OUT OF (1) THE USE OR THE INABILITY TO USE THIS SITE, (2) THE SECURITY OF THIS SITE, OR (3) THE CONTENT, INFORMATION CONTAINED AT THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS PREMIER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY RELATED TO DISSATISFACTION WITH THE SITE, BREACH OF THIS AGREEMENT BY PREMIER, OR USE OF THIS SITE OR THE INFORMATION CONTAINED THEREIN, IS TO STOP USING THE SITE.
INDEMNIFICATION
You agree to INDEMNIFY, DEFEND AND HOLD HARMLESS, Premier, its subsidiaries, and their respective officers, directors, shareholders, employees, members, and managers, from and against any and all liability, loss, claims, penalties, interest, clean-up costs and other pollution related items, damages, costs, actions, and expenses, including attorneys’ fees, based upon or arising directly or indirectly out of any (i) breach by you of your obligations under these Terms or (ii) your use of this site or the content thereof.
SECURITY
We have implemented numerous technical and organizational measures to protect of personal data processed through this site. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
This site is hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
JURISDICTION
Premier operates this site from North Carolina, U.S.A. These Terms will be governed, construed and interpreted under the laws of the State of North Carolina, without regard to its conflicts of laws provisions. Any action brought in connection with these Terms shall be filed within one (1) year of the date of the alleged injury, regardless of any statute of limitations, and filed in the state or federal courts of the State of North Carolina and you hereby consent to the jurisdiction of those courts. The exclusive forum for the resolution of any dispute relating to these Terms shall be in the U.S. federal or state courts in or within one hundred (100) miles of Wake County, North Carolina, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms.
TERMINATION/ACCESS RESTRICTION
In addition to any other remedies that may be available at law or in equity upon a breach of these Terms by you, Premier reserves the right, in its sole discretion, to terminate or suspend your access to any and all of this site at any time, without notice. Premier shall not be liable to you or any third party for any termination or suspension of your use of this site.
GENERAL
You agree that no joint venture, partnership, employment or agency relationships exist between you and Premier as a result of these Terms or use of this site. Heading and section names are for convenience purposes only and have no legal or contractual effect. If any provision, or portion thereof, of these Terms is determined to be invalid or unenforceable pursuant to applicable law, such shall not affect the balance of these Terms which shall continue in full force and effect. The failure of a party hereto to exercise any right hereunder shall not be deemed to be a waiver of such right. No waiver of any provision of these Terms shall be effective unless made in writing and signed by the party making such waiver. If you choose to access this site from outside the United States, you are responsible for compliance with all foreign and other applicable laws. Any and all rights not expressly granted herein are reserved by and for Premier. These Terms shall be binding upon, and inure to the benefit of, you and Premier and their successors and assigns.