Website User Agreement
Preferred reserves the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement each time you use the Website to familiarize yourself with any modifications or changes. Your continued use of the Website after such modifications and changes will constitute acknowledgment and agreement of the modified terms and conditions of this User Agreement.
Responsible Use and Conduct
By visiting the Website and accessing the information, resources, services, products, and tools Preferred provides for you, either directly or indirectly (“Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) all applicable laws, regulations and generally accepted online practices or guidelines. The content on the Website may contain technical inaccuracies or typographical errors. All rights not expressly granted in this User Agreement are reserved to Preferred.
You understand and agree that:
a. In order to access Preferred’s Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access Preferred’s Resources. Accordingly, you are responsible for all activities that occur under your account(s).
c. Accessing, or attempting to access, any of Preferred’s Resources by any means other than through the means Preferred provides is strictly prohibited. You specifically agree not to access, or attempt to access, any of Preferred’s Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts, damages, disables, overburdens, impairs or otherwise interferes with Preferred’s Resources and the Website, including the servers and/or networks to which Preferred’s Resources and the Website are located or connected, is strictly prohibited. This activity includes, without limitation, using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic email address information or similar methods of technology.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell Preferred’s Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that Preferred may directly or indirectly incur or suffer due to any unauthorized activities conducted by you while using the Website or the Resources, and you may incur criminal or civil liability for such acts or omissions.
g. Preferred may provide various open communication tools on the Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, and other various social media services. You understand that Preferred does not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to the Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools on the Website, you agree that you will not upload, post, share, or otherwise distribute any content that: (i) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; (ii) infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; (iii) contains any type of unauthorized or unsolicited advertising; (iv) impersonates any person or entity, including any Preferred employees or representatives.
Preferred has the right, in its sole and absolute discretion, to remove any content that does not comply with this User Agreement. Preferred is not responsible for any delay or failure in removing such content. If you post content that Preferred removes, you consent to such removal and consent to waive any and all claims against Preferred arising out of or related to such removal.
i. You agree to indemnify, defend and hold Preferred, and its parent company and affiliates, and all directors, officers, managers, employees, donors, agents, and licensors, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account, whether incurred by you or any other person using your account. Preferred reserves the right to take over the exclusive defense of any claim for which Preferred is entitled to indemnification under this User Agreement. In such event, you are required provide Preferred with the cooperation reasonably requested by Preferred.
j. You agree to not engage in spidering, “screen scraping”, “database scraping”, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the Resources offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through this Website.
j. This Website may contain links to other websites. The privacy practices of those websites are not covered by this User Agreement and Preferred is not responsible for the privacy practices or the content of such other websites. Preferred is not responsible for the content of linked websites and does not make any representations regarding their content or accuracy. Your use of linked websites is at your own risk and subject to the terms and conditions of use for such websites.
Notification of Data Processing in the United States of America
When you choose to submit information through the Website, Preferred and its affiliates may transfer, process and store the information in countries in which Preferred and its affiliates maintain offices, including the United States. The United States does not regulate data protection in the same manner as other countries, including the Member States of the European Union. Accordingly, the data that you submit to the Website may be transferred to, processed, or stored in countries where the data protection laws are different than those of your country of residence. Preferred’s principal office is in Fort Wayne, Indiana in the United States of America. Preferred makes no claims that this Website, the Resources or the content are appropriate or may be downloaded outside of the United States. Access to the Website, the Resources, and the content may not be legal for certain persons or in certain countries. If you access this Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Limitation of Warranties
Your use of the Website, the Resources, and the content is at your own risk. PREFERRED IS NOT RESPONSIBLE FOR ANY VIRUSES OR OTHER ROUTINES THAT HARM YOUR COMPUTER OR SOFTWARE, WHICH YOU MAY COME IN CONTACT WITH WHILE USING THE WEBSITE; NOR IS PREFERRED RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THE WEBSITE OR OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE SITE. Furthermore, when using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Preferred. Accordingly, Preferred assumes no liability for or relating to any delay, failure, interruption, or corruption of any data or other information or material transmitted to or received from this Website.
The Website, the Resources and the content are provided on an “AS IS WHERE IS” basis. PREFERRED, ITS LICENSORS, AND ITS THIRD-PARTY CONTENT PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTYS’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
To the best of Preferred’s knowledge, the information contained in the Website is accurate. However, Preferred, its licensors, and its third-party content providers make no representations or warranties, either express or implied, that the content included in or available through the Website is accurate, reliable, current or correct; that the content will be available at any particular time or location; that any defects or errors will be corrected, or that the content is free of viruses or other harmful components.
In no event shall Preferred, its licensors, its suppliers, or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from your use of or inability to use the Website, Resources, or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Preferred, its licensors, its third party content providers mentioned on the Website are advised of the possibility of such damages.
Any claims arising in connection with your use of the Website, Resources or any content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this User Agreement are exclusive and are limited to those expressly provided.
Limitation of Liability
In conjunction with the Limitation of Warranties, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of the Website, Resources, content or any related products and/or services. PREFERRED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING THE WEBSITE OR THE RESOURCES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.
All content and materials available on the Website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Preferred and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Preferred.
Termination of Use
You agree that Preferred may, in its sole and absolute discretion, suspend or terminate your access to all or part of the Website, Resources and/or content with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your use of the Website and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Website or Resources Preferred provides will immediately cease, and Preferred reserves the right to remove or delete any information that you may have on file, including any account or login information.
Exclusive Venue and Governing Law
You expressly agree that exclusive jurisdiction for any dispute with Preferred, or in any way relating to your use of this Website, resides in the state courts of Allen County, Indiana, and in the federal courts of the Northern District, Fort Wayne Division, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Preferred or its parent companies, affiliates, subsidiaries, employees, contractors, officers, and directors. This User Agreement is governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principals. If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect. No waiver of any term or condition of this User Agreement shall be deemed a further or continuing waiver of such term or condition. This User Agreement constitutes the entire agreement between you and Preferred with respect to the use of the Website, the Resources and any content.
If you have any questions or comments about our Terms of Service as outlined above, you can contact us at:
Preferred, Inc - Fort Wayne
6021 Highview Drive
Fort Wayne, Indiana 46818 USA