PREMIER Perspectives Terms of Use

Effective Date: January 15, 2019

Please read these terms of use (“Terms”) carefully. By accessing PREMIER Perspectives, www.premierperspectives.com, and any pages thereof (collectively, “PREMIER Perspectives”), you explicitly agree, without limitation or qualification, to be bound by the Terms. If you do not agree to the Terms, please do not access or use PREMIER Perspectives.

The information on PREMIER Perspectives is presented for educational purposes only. It is not intended as, nor should it be construed to be, legal, financial, or other professional advice. Please consult with your attorney or financial advisor to discuss any legal or financial issues involved with credit decisions.

Any views or opinions expressed within Customer Perspectives are strictly those of the authors and do not necessarily reflect in any way the official position of First PREMIER Bank, PREMIER Bankcard, LLC, or any of their affiliates.

  1. PRIVACY

PREMIER Bankcard, LLC and First PREMIER Bank (“PREMIER”) are committed to protecting your privacy. The Privacy Policy is incorporated by reference in the Terms, and by using PREMIER Perspectives, you are consenting to the Privacy Policy.

  1. YOUR LICENSE

Subject to the Terms, PREMIER grants you a non-exclusive, non-transferable, limited, and revocable license to access PREMIER Perspectives for your personal use only (“Your License”). PREMIER reserves the right, in its sole discretion, to terminate Your License or any services provided to you and to assert legal action with respect to your use of PREMIER Perspectives for any actions that PREMIER believes is or might be in violation of the Terms, additional PREMIER terms and conditions, or other PREMIER policies.

  1. INTELLECTUAL PROPERTY

PREMIER Perspectives and any content, materials downloaded, and intellectual property pertaining to or contained on PREMIER Perspectives (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by PREMIER or third parties; all rights, title, and interest therein shall remain the property of PREMIER and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized solely to view and retain a copy of pages related to PREMIER Perspectives, as well as relevant documents, images, or other materials on PREMIER Perspectives for your own personal use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit PREMIER Perspectives, or any portion thereof, for any public or commercial use, without the express written consent of PREMIER. Additionally, you agree that you (a) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on PREMIER Perspectives (or printed pages produced from PREMIER Perspectives); and (b) will not make any other modifications to any documents obtained from PREMIER Perspectives other than in connection with completing information required to use PREMIER Perspectives for its intended purposes.

  1. USE OF INFORMATION AND MATERIALS

The content, information, and materials contained on PREMIER Perspectives and the Terms, policies, and descriptions that appear on PREMIER Perspectives are subject to change. You accept sole responsibility for your use of PREMIER Perspectives. Your use of PREMIER Perspectives is limited to the intended functions of PREMIER Perspectives. Unauthorized use of PREMIER Perspectives, including but not limited to unauthorized entry into PREMIER’s systems or misuse of any information posted on PREMIER Perspectives, is strictly prohibited. You may not use PREMIER Perspectives in a manner that: 

  1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  2. is unlawful, fraudulent, or deceptive; 
  3. uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers, or technology or other means to access content or systems of PREMIER in a manner that is not authorized by PREMIER; 
  4. attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; 
  5. attempts to gain unauthorized access to PREMIER’s computer network or user accounts; 
  6. encourages conduct that would constitute a criminal offense or that gives rise to civil liability; 
  7. violates the Terms or any other PREMIER policies or applicable third-party terms; 
  8. attempts to damage, disable, overburden, or impair PREMIER’s servers or networks; or
  9. is otherwise deemed objectionable by PREMIER in its sole discretion.
  10. DISCLAIMER OF WARRANTIES

PREMIER PERSPECTIVES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. PREMIER DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF PREMIER PERSPECTIVES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN PREMIER PERSPECTIVES OR ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS PROVIDED BY PREMIER OR BY THIRD PARTIES. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS ON PREMIER PERSPECTIVES. YOU ACKNOWLEDGE AND AGREE TO USE THE PREMIER PERSPECTIVES AT YOUR SOLE RISK AND THAT PREMIER CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT PREMIER PERSPECTIVES WILL BE FREE OF COMPUTER VIRUSES. 

  1. LIMITATION OF LIABILITY

In no event will PREMIER be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in conjunction with PREMIER Perspectives or use thereof or inability to use by any party, or in conjunction with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure, loss or defect, or other defect related to PREMIER Perspectives, even if PREMIER, or representatives thereof, are advised of the possibility of such damages, losses, or expenses.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PREMIER, its officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the Terms (including negligent or wrongful conduct) by you; (b) your use of PREMIER Perspectives; or (c) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

  1. THIRD-PARTY SITES

PREMIER Perspectives includes links to websites on the Internet that are owned or operated by third parties (Third-Party Sites). When using the links to access Third-Party Sites, you do so at your own risk, and you should review and determine if you agree to the privacy policy of any Third-Party Site before using it. PREMIER has no control over the content of the Third-Party Sites and does not assume any responsibility for materials created or published on Third-Party Sites. The content and opinions expressed may not be those of PREMIER. Any transaction you conduct using or through a Third-Party Site is a transaction solely between you and the Third-Party Site. PREMIER has no liability whatsoever for activities associated with such transactions. PREMIER does not provide, endorse, or guarantee any of the information, recommendations, products, or services of any third party or Third-Party Site, nor does it accept any liability in connection with the security measures employed by such third parties or Third-Party Sites.

  1. SUBMISSIONS

Any content submitted to PREMIER via PREMIER Perspectives shall be deemed and remain the property of PREMIER. PREMIER shall be free to use, reproduce, disclose, and distribute for any purpose, any information, ideas, concepts, know-how, or techniques contained in content an individual provides through PREMIER Perspectives. PREMIER shall not be subject to any obligations of confidentiality regarding submitted information, except as expressly agreed in writing by PREMIER or as otherwise specifically agreed or required by law.

  1. SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS

At times you may experience difficulty accessing PREMIER Perspectives or communicating with PREMIER through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or PREMIER’s, can experience unanticipated outages or slowdowns or have capacity limitations. PREMIER makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service on your device.

  1. PROTECTING YOUR DEVICES AND ACCOUNT

PREMIER makes no warranty whatsoever to you, express or implied, regarding the security of PREMIER Perspectives, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through PREMIER Perspectives. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. PREMIER is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices. 

  1. GOVERNING LAW AND DISPUTES

The Terms are governed by and construed in accordance with the laws of the State of South Dakota, without regard to principles of conflicts of law, which would result in the application of the laws of another jurisdiction. The federal district court for the South Dakota has general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to PREMIER Perspectives, the Terms, or any other PREMIER policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises or within the shortest limit permitted under applicable law, or such claim or cause of action shall be barred.

  1. SEVERABILITY/NO WAIVER

If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. PREMIER’s failure to enforce the strict performance of any provision of the Terms shall not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.

  1. CONTACT US

Please do not hesitate to contact us with any questions or requests you have regarding our services or the Terms.  We can be reached as follows:

In writing:

PREMIER Bankcard, LLC

Attn: Business Communications 

3820 N Louise Ave

Sioux Falls, SD 57107

Or by email at service@premierbankcard.com.