Terms & Conditions
Premiere Concierge, Inc. (“Premiere Concierge, Inc.", “we" or “us") provides personal concierge referral services (“Services"), both through this website (the “Website") and other means, to individuals who are Premiere Concierge, Inc.’ service users / members (each a “Member" or “you"). You may be eligible to use our Services either as an employee or a customer of a client of Premiere Concierge, Inc. (“Client"). By providing certain information and activating your account, or by otherwise using the Services or this Website, you agree to comply with and be bound by the following terms and conditions (this “Agreement"), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, as they may be revised from time to time, please do not use the Services or the Website.
1. Registration: If you register as a service user / member, you represent and warrant to Premiere Concierge, Inc. that: (i) you are of legal age to form a binding contract; (ii) you will provide Premiere Concierge, Inc. with accurate, current and complete registration information; and (iii) your registration and your use of the Website is not prohibited by law. Premiere Concierge, Inc. reserves the right to suspend or terminate your registration, or your access to the Services, in the event that you breach any term of this Agreement.
2. Minors: This Website is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register as a service user / member or send any information about yourself to us.
3. Provision of Services: If you request Services from Premiere Concierge, Inc., subject to compliance with applicable law and Premiere Concierge, Inc.’ policies, Premiere Concierge, Inc. will use reasonable efforts to fulfill your request. The Services may involve referral to or provision of information about an independent third-party service provider (a “Service Provider", such as a restaurant, airline, or hotel) that may provide goods or services to you. All Service Providers are exclusively responsible for the quality of any work they perform and products they sell, and Premiere Concierge, Inc. has no responsibility for those products or services. The actual decision to hire or make arrangements with a Service Provider referred by Premiere Concierge, Inc. is the responsibility of each service users / member, and Premiere Concierge, Inc. strongly recommends that you interview and carefully consider each Service Provider before choosing to hire that provider. The Service Providers are not employees or agents of Premiere Concierge, Inc., and are not entitled to act on behalf of Premiere Concierge, Inc. in any way. The service users / member accepting and utilizing the Services recognizes that Premiere Concierge, Inc. is in no way responsible for the actions or omissions of any Service Provider hired by the service user / member. Editorial content provided on the Website or in connection with the Services is of a general nature and is not intended to be entirely comprehensive nor is it intended to address all the circumstances of any particular member. In addition, concierge comments and recommendations are subjective and based on research and opinion; they are subject to change at any time. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate of the date it is received by a service user / member or that it will continue to be accurate in the future. Service users / members should engage appropriate professionals for a complete examination of their particular situation and advice as necessary. If you request or make travel arrangements with or through us, you understand that we do not own or operate any entity which provides, or is to provide, goods or services for your trip including, for example, lodging facilities, transportation companies of any kind, entertainment providers, equipment suppliers, restaurants or other food service providers, local ground handlers, guides, etc.(any or all of which may be referred to herein as a “Service Provider" or, collectively, as “Service Providers").
4. Your Obligations: In using this Website and the Services, you agree that you will: (a) provide Premiere Concierge, Inc. with all information reasonably relevant to your request for Services; (b) pay all fees, costs, expenses, and other amounts charged by Premiere Concierge, Inc. (if any) and by the Service Provider, in full and as and when required; (c) not make any request for Services that is false, fraudulent, or designed to violate any law or harm any third party; (d) arrive on time for any appointments that Premiere Concierge, Inc. may make for you with a Service Provider; (e) read and comply with any reasonable instructions of Premiere Concierge, Inc.’ or the Service Provider with respect to your request for Services and the fulfillment thereof, or any additional terms and conditions notified to you that are applicable to your particular request; (f) take responsibility for being physically able and prepared to participate in any activity that you request Premiere Concierge, Inc. to arrange or organize for you, and for being fully equipped with any appropriate clothing and equipment reasonably necessary for such activity; (g) not use any robot, spider, other automatic device, or manual process to monitor content on this Website; (h) immediately review any travel itinerary and travel terms and conditions you receive from us and let us know if any modifications need to be made. We do not accept responsibility for discrepancies or objections reported more than 24 hours after we send an e-mail confirmation. There may be fees or penalties for modification or cancellation of travel arrangements. Be sure you understand these restrictions; and (i) resolve any dispute concerning, relating or referring to any travel, itinerary, or any information provided by us regarding such travel or itinerary exclusively by binding arbitration in Scottsdale, Arizona according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by the substantive (but not procedural) provisions of Arizona State law.
5. Ownership of Materials on the Website: All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Website, excluding any service user / member Content (as defined below)(collectively, the “Site Content") are proprietary to us or to third parties. Portions of the Site Content is © Copyrighted 2020, Premiere Concierge, Inc.. All rights reserved. No redistribution allowed. Content is for individual use only, and is provided “AS IS," without any express or implied warranties. All software used on the Website is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited. The marks “Premiere Concierge, Inc." and the Premiere Concierge, Inc. logo, as well as any business tag lines (got concierge?), are registered marks of Premiere Concierge, Inc. or its affiliates, and they may not be used in connection with any service or products other than those provided by Premiere Concierge, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Premiere Concierge, Inc. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners. Other trademarks or service marks used on this Website are the property of their respective owners and may not be used without permission. Rather than include a trademark symbol after every such occurrence, such marks are used in an editorial fashion only, and to the benefit of the trademark owner with no intention of infringement of the trademark.
6. License to Use the Website: Premiere Concierge, Inc. authorizes you to view, download, print, copy and use the Site Content for your personal, non-commercial purposes. Any displays or print outs of the Site Content must be marked “© Premiere Concierge, Inc. [1995-2020]. All rights reserved.", and you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Premiere Concierge, Inc.. You agree, and represent and warrant, that your use of the Website, the Services and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Website, the Services and the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
7. Member Content; Forums, Chat Spaces and Blogs: A number of locations on the Website such as the user forum area and blogs (collectively, the “Interactive Features"), may offer opportunities for users of this Website to share information with others. If you choose to submit or post any photographs, text, graphics, video or other material (“Service User / Member Content") to this Website, such Service User / Member Content shall remain your property, but you agree that Premiere Concierge, Inc. may use such Service User / Member Content as reasonably necessary or desirable for, or incidental to, its operation of the Website and provision of the Services, and you grant Premiere Concierge, Inc. a non-exclusive, worldwide, transferable, perpetual, irrevocable, royalty free right to publish, distribute, publicly display and perform the Service User / Member Content. You acknowledge that third parties will gain access to your Service User / Member Content through the Website, and Premiere Concierge, Inc. shall in no event be liable to you for any use or misuse of your Service User / Member Content by any third party. Premiere Concierge, Inc. may, but is under no obligation to, edit or control Service User / Member Content that you and other users post to or distribute through the Interactive Features. Premiere Concierge, Inc. will not be in any way responsible or liable for Service User / Member Content. Premiere Concierge, Inc. does not vet or control the Service User / Member or other individuals that use the Website or Interactive Features. Premiere Concierge, Inc. shall not be liable for any loss or damage that any person may suffer as a result of using Interactive Features. All users use the Interactive Features at their own risk. Users should exercise caution in interacting with unknown persons that they meet using the Interactive Features in the same way that they would exercise caution in the physical world. No user of any Interactive Feature shall: (a) use an Interactive Feature in violation of, or in connection with any violation of, any local, state, national or international laws; (b) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any Service User / Member Content; (c) except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent; (d) post any material more than once or “spam"; or (e) engage in any other conduct that restricts or inhibits any other person from using or enjoying any Interactive Feature, Service User / Member Content, or the Website, or which, in Premiere Concierge, Inc.’ sole judgment, exposes Premiere Concierge, Inc. or any affiliated company of Premiere Concierge, Inc., or their respective officers, directors, employees or agents of Premiere Concierge, Inc. (each a “Premiere Concierge, Inc. Affiliate") to any liability or detriment of any type.
8. Website Restrictions: No user of this Website shall submit, upload to, distribute through or otherwise post to the Website (including any Interactive Feature) any material that: (a) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic, invasive of privacy or publicity rights, unlawful, that encourages harassment, a criminal offense, or violates the rights of any party, or that includes profanity, hate, discrimination, or violence; (b) contains any advertising, promotional, solicitation or other commercial material; (c) contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use; (d) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (e) contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or (f) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment. Premiere Concierge, Inc. reserves the right (but is not obligated) to do any or all of the following: (g) record Service User / Member Content; (h) investigate an allegation that Service User / Member Content or Service User / Member registration information does not conform to the terms and conditions of this Agreement; (i) remove Service User / Member Content or Service User / Member registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement; (j) monitor, edit or disclose any Service User / Member Content or Service User / Member registration information; or (k) edit or delete any Service User / Member Content or Service User / Member registration information, regardless of whether such content violates any terms and conditions of this Agreement. Premiere Concierge, Inc. and Premiere Concierge, Inc. Affiliates ,have no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.
9. Links to Third Party Website Are Not Endorsements: The Website may contain links to third-party and or Service Provider websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. Because content and offers on the linked sites may change without notice to Premiere Concierge, Inc., we cannot guarantee availability of any such offer. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Premiere Concierge, Inc. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties
10. Feedback Submitted to Premiere Concierge, Inc.: Premiere Concierge, Inc. is pleased to hear from you and welcomes your comments about the Website and our Services. In the event that you submit ideas or suggestions for the Website or Services, provide comments to Premiere Concierge, Inc. by participating in surveys, or otherwise provide feedback to Premiere Concierge, Inc. (“Feedback"), the Feedback will be deemed, and will remain, the sole property of Premiere Concierge, Inc. None of the Feedback will be subject to any obligation of confidence on the part of Premiere Concierge, Inc., and Premiere Concierge, Inc. and Premiere Concierge, Inc. Affiliates will not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, Premiere Concierge, Inc. will be entitled to unrestricted use and other exploitation of the Feedback for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Feedback.
11. Warranty Disclaimers and Limitations of Liability: Premiere Concierge, Inc. and Premiere Concierge, Inc. Affiliates make no representations or warranties of any kind regarding the Website, the Services, the Site Content or the Service User / Member Content. The Website, Services, Site Content and Service User / Member Content are provided in “AS IS" condition, and Premiere Concierge, Inc. and Premiere Concierge, Inc. Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES OR WEBSITE, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. No advice or information, whether oral or written, obtained by you from Premiere Concierge, Inc., any of Premiere Concierge, Inc. Affiliates or through the Website or Services will create any warranty not expressly stated herein. THE SERVICE PROVIDERS PROVIDING GOODS AND SERVICES TO SERVICE USERS / MEMBERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PREMIERE CONCIERGE, INC. OR PREMIERE CONCIERGE, INC. AFFILIATES. PREMIERE CONCIERGE, INC. AND PREMIERE CONCIERGE, INC. AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES ARISING THEREFROM. YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS AND DEMANDS, WHETHER IN LAW OR IN EQUITY, RELATING TO SERVICES OR PRODUCTS PROVIDED THROUGH PREMIERE CONCIERGE, INC. OR PREMIERE CONCIERGE, INC.’ REFERRALS, OR BASED UPON ANY ALLEGED ACTS OR OMISSIONS OF ANY SERVICE PROVIDER, SHALL BE AGAINST THE SERVICE PROVIDER AND NOT PREMIERE CONCIERGE, INC. OR ANY APPLICABLE CORPORATE SPONSOR. PREMIERE CONCIERGE, INC. SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR OTHER CLAIM WITH RESPECT TO ANY PROPERTY THAT ANY SERVICE USER / MEMBER ENTRUSTS TO A PREMIERE CONCIERGE, INC. SERVICE PARTNER. YOU AGREE THAT NEITHER PREMIERE CONCIERGE, INC. NOR ANY CLIENT OF PREMIERE CONCIERGE, INC. WILL BE RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO ANY CLOTHING, MONEY, PETS, VALUABLES, VEHICLES OR OTHER PERSONAL OR OTHER PROPERTY CAUSED BY PREMIERE CONCIERGE, INC. OR THE SERVICE PROVIDERS THAT PREMIERE CONCIERGE, INC. RECOMMENDS, AND NEITHER PREMIERE CONCIERGE, INC. NOR ANY CLIENT OF PREMIERE CONCIERGE, INC. WARRANTS THE QUALITY OR CONFIDENTIALITY OF ANY SERVICE PROVIDER. EACH SERVICE USERS / MEMBER HEREBY AGREES TO RELEASE ANY CLIENT (INCLUDING HIS OR HER EMPLOYER) FROM ANY LIABILITY, AND TO WAIVE ANY CLAIMS AGAINST SUCH CLIENT, ARISING IN CONNECTION WITH USE OF PREMIERE CONCIERGE, INC. SERVICES. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM PREMIERE CONCIERGE, INC. OR PREMIERE CONCIERGE, INC. AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES, WEBSITE, SITE CONTENT OR SERVICE USER / MEMBER CONTENT, EVEN IF PREMIERE CONCIERGE, INC. OR THE PREMIERE CONCIERGE, INC. AFFILIATE HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WITH REGARD TO ANY TRAVEL ARRANGEMENTS YOU MAY MAKE WITH OR THROUGH US, YOU WILL NOT BE ENTITLED TO RECOVER FROM PREMIERE CONCIERGE, INC. OR PREMIERE CONCIERGE, INC. AFFILIATES ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), RESULTING FROM ANY INJURY, LOSS, DEATH, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY OF ANY KIND WHICH MAY BE OCCASIONED BY REASON OF PREMIERE CONCIERGE, INC.’ CHOICE OF SERVICE PROVIDER OR ANY ACT OR OMISSION BEYOND PREMIERE CONCIERGE, INC. DIRECT CONTROL, INCLUDING WITHOUT LIMITATION, ANY WILLFUL OR NEGLIGENT ACT, FAILURE TO ACT, BREACH OF CONTRACT OR VIOLATION OF LOCAL LAW OR REGULATION BY ANY SERVICE PROVIDER SUCH AS AN AIRLINE, RAIL TRAVEL PROVIDER, HOTEL, BUS, TAXI, VAN, YACHT, SHIP OR VESSEL, LOCAL GROUND HANDLER OR GUIDE, FINANCIAL DEFAULT OR INSOLVENCY OF ANY SERVICE PROVIDER WHICH IS TO OR DOES SUPPLY ANY GOODS OR SERVICES IN CONNECTION WITH YOUR TRAVEL. SIMILARLY, PREMIERE CONCIERGE, INC. IS NOT RESPONSIBLE FOR ANY LOSS, INJURY, DEATH OR INCONVENIENCE DUE TO DELAY, CANCELLATION OR CHANGE IN SCHEDULE, OVERBOOKING OF ACCOMODATION OR TRAVEL METHOD, DEFAULT OF ANY SERVICE PROVIDER OR OTHER THIRD PARTY, CUSTOMS OR TRAVEL REGULATIONS OR ENFORCEMENT, ATTACK BY WILD OR DOMESTIC ANIMAL, EPIDEMIC OR THE THREAT THEREOF, SICKNESS, LACK OF APPROPRIATE MEDICAL CARE, EVACUATION, WEATHER, STRIKES, ACTS OF GOD OR GOVERNMENT, LOST OR MISPLACED LUGGAGE, ACTS OF TERRORISM OR THE THREAT THEREOF, FORCE MAJEURE, WAR, HOSTILITIES, CIVIL DISTURBANCE, STRIKE, RIOT, QUARANTINE, CRIMINAL ACTIVITY, FIRE, BREAKDOWN IN MACHINERY OR EQUIPMENT OR ANY OTHER CAUSE BEYOND ITS DIRECT CONTROL. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IN FAVOR OF PREMIERE CONCIERGE, INC. AND PREMIERE CONCIERGE, INC. AFFILIATES ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF PREMIERE CONCIERGE, INC. TO YOU FOR DAMAGES ARISING FROM ANY SERVICE REQUEST SHALL BE $100, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, STATUTE OR OTHERWISE. ALL LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. Indemnity: You agree to indemnify and hold Premiere Concierge, Inc. harmless from and against any and all claims, losses and damages that may arise in connection with or as a result of (i) your use of the Website or Services; (ii) any content or material you may post or blog to or transmit through the Website; and (iii) any violation of the terms of this Agreement.
14. Digital Millennium Copyright Act: Premiere Concierge, Inc. complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address: Premiere Concierge, Inc. 4400 N. Scottsdale Road, Suite 9-331, Scottsdale, Arizona 85251 USA. Telephone: 888-991-4700 Email: Premiere Concierge, Inc. at email@example.com. Any notice alleging that materials on this Website infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Website; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Counter Notices If material that you have posted to the Website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (g) a physical or electronic signature of the subscriber; (h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Premiere Concierge, Inc. may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
15. Applicable Law and Jurisdiction; Compliance: You and Premiere Concierge, Inc. agree that all matters arising from or relating to the use and operation of the Website and the Services will be governed by the substantive laws of the state of Arizona, without regard to its conflicts of laws principles. You agree that, unless otherwise specified herein, all claims you may have arising from or relating to the operation, use or other exploitation of the Website or the Services will be heard and resolved in the federal and state courts located in Phoenix, Arizona. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Website from locations other than Arizona, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Website or Site Content in violation of U.S. export laws or regulations.
16. Force Majeure: In no event shall Premiere Concierge, Inc. or any Premiere Concierge, Inc. Affiliate be liable for any damages, acts, omissions, matters or things caused by factors outside their reasonable control, including without limitation any act of God, government, storm, earthquake, terrorist event, war, telecommunications failure or failures of suppliers or independent contractors.
17. Miscellaneous Provisions: No delay or omission by Premiere Concierge, Inc. in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Premiere Concierge, Inc. of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including" means “including but not limited to." If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Premiere Concierge, Inc. regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. In the event of any conflict between this Agreement and the summary of this Agreement available from the mobile version of the Website, this Agreement shall prevail. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing" for all purposes.