Agreement between User and www.pbcenters.com
Welcome to www.pbcenters.com. The www.pbcenters.com website (the "Site") is comprised of various web pages operated by Premier Office Centers, LLC dba Premier Business Centers ("Premier"). The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy for your reference. Please review our Privacy Policy, which also governs your use of this Site and which is incorporated into these Terms.
Electronic Communications
Visiting the Site or sending emails to Premier constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that Premier provides to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Premier is not responsible for third party access to your account that results from theft or misappropriation of your account. Premier and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Premier does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Cancellation/Refund Policy
Unless cancelled as provided below, office agreements entered into with Premier will automatically renew on a continuing basis for the same period of time as the initial term at Premier’s then current list price for the office(s) and/or services. If you have less than 3 offices, you must give written notice 60 days prior to the date your agreement is scheduled to terminate in order to cancel your renewal. If you have 3 offices or more, you must give written notice 90 days prior to the date your agreement is scheduled to terminate in order to cancel your renewal. Such notice may only be delivered on the first day of any given month. If such notice is delivered on any other day, it shall be deemed to have been delivered on the first day of the following month. The automatic renewal provisions of this paragraph apply to offices which are licensed on a month-to-month basis, as well as to offices licensed on a longer basis. Notwithstanding the foregoing, Premier may terminate any agreement after expiration of the initial term for any reason with 30 days notice to you.
Upon expiration of the initial term, virtual office agreements shall automatically renew upon the same terms and conditions at the then current rates charged by Premier, unless earlier terminated by either party upon thirty (30) days advance written notice prior to the expiration of the then current term. Such notice may only be delivered on the first day of any given month. If such notice is delivered on any other day, it shall be deemed to have been delivered on the first day of the following month.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Premier, and Premier 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 is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Premier of the site or any association with its operators
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that Premier may share such information and data with any third party with whom Premier has a contractual relationship to provide the requested product, service, or functionality on behalf of Premier’s users and customers.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Term. As a condition of your use of the Site, you warrant to Premier 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.
Intellectual Property
All content included on the Site and/or as part of the services provided by Premier, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Premier 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, 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 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 express written permission of Premier and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Premier does not grant you any licenses, express or implied, to the intellectual property of Premier or our licensors, except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Premier account to third party accounts. By connecting your Premier account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
This Site and its contents are solely for the purpose of promoting Premier’s services available in the United States of America. The Site is controlled, operated, and administered by Premier from our offices within the United States of America. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Premier, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' 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 of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Premier 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 in asserting any available defenses.
Accuracy of Information
Premier uses reasonable efforts to furnish accurate, up-to-date information, but Premier does not guarantee that any information contained on the Site is accurate, complete, reliable, current, or free of errors or that the Site will be free from viruses. The information, software, productions, and services included in or available through the Site may include inaccuracies or typographical errors. Premier will use reasonable efforts to update information in a timely manner, but Premier is not be liable for any inaccuracies. Any use you make of the information provided on this Site is entirely at your own risk and Premier will not be liable for any loss of data, lost profits, or any other damages or losses resulting from your use of this Site.
Disclaimer; Limitation of Liability
PREMIER BUSINESS CENTERS 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 BUSINESS CENTERS 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 BUSINESS CENTERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER ANY DAMAGES, 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 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 OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination; Applicable Laws; Exclusive Jurisdiction
Premier 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. To the maximum extent permitted by law, these Terms are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Premier as a result of these Terms or use of the Site. Premier's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Premier's 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 with respect to such use.
Changes to Terms
Premier reserves the right, in its sole discretion, to change the Terms under which the Site is offered. Changes are periodically added to the information on the Site, and Premier and/or its suppliers may make improvements and/or changes in the Site at any time. The most current version of the Terms will supersede all previous versions. Premier encourages you to periodically review the Terms to stay informed of our updates.
Miscellaneous
If any part of these Terms 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 these Terms shall continue in effect. Regardless of any statute or law to the contrary, any claim or cause of action by user arising out of or related to use of this Site or under these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Unless otherwise specified herein, these Term constitute the entire agreement between the user and Premier 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 with respect to the Site. A printed version of these Term and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Term 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 to the parties that these Terms and all related documents be written in English.