These Terms of Use (“Terms”) govern the use of www.advantageauto.com and any other websites (collectively, the “Sites”), which are owned and operated by Premier Holdings LLC. (“Mendota”, “Advantage Auto”, “PREMIER HOLDINGS LLC,” “we” or “us”).

 

BY USING THE SITES, YOU ACKNOWLEDGE YOUR ASSENT TO THE FOLLOWING TERMS WITHOUT LIMITATION OR QUALIFICATION. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITES. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT USE THE SITES.

 

THESE TERMS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING AND THE EFFECTIVE DATE ABOVE. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.

 

1. AUTHORIZED USER; YOUR RESPONSIBILITY. You affirm that you are over the age of 18. You may not access or use the Sites if you are unable to form a binding, legal agreement with PREMIER HOLDINGS LLC. You assume all responsibility for your use of, or access to, the Sites, including your access to any Site Content and hereby waive all claims or causes of action against PREMIER HOLDINGS LLC, its affiliates, its licensors and their respective officers, directors, employees, agents and representatives in connection therewith.

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3. ACCURACY. When you create an account, submit any personal information or claims to us, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify PREMIER HOLDINGS LLC if your information changes

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5. PRIVACY. Our use of your personal information is subject to the Terms of our Privacy Policy, which is incorporated into, subject to and made part of these Terms. To review the Privacy Policy, please follow the link at the bottom of the home page.

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7. CHANGES TO THESE TERMS. We may amend these Terms at any time. Any changes to the Terms will be posted here, so please check this page regularly and make sure to also check the effective date, as set forth above. All amended terms and conditions are effective immediately. We may also provide you with additional notice of any changes, either at your e-mail address of record, via mail or when you log in to your account.

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9. USE OF THE SITES. You are authorized to access and use the Sites and related Site Content as set forth in these Terms, provided that: (i) your use of the Sites and Site Content as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not distribute or transfer any portion of the Sites on any media without PREMIER HOLDINGS LLC’s prior written approval; (iii) you will not alter, adapt or otherwise modify any part of the Sites other than as may be reasonably necessary to use that part of the Sites for its intended purpose; and (iv) you will otherwise comply in full with the terms and conditions of these Terms. We reserve the right in, our sole discretion, to restrict your use of the Sites, any Site Content and any third party’s User Content at any time, with or without notice for any or no reason.

 

• Concerning your account or any interactive applications, by logging in and using an application, you are agreeing to the following:

• that you are an authorized user

• that you will use the applications for their specified purpose

• that you will comply with security and data controls

• that you will prevent disclosure of sensitive information.

 

 

 

 

 

 

 

 

1. NO HARMFUL OR UNLAWFUL USE. You will not use the Sites, any of the Site Content or services in any way that is unlawful or harms PREMIER HOLDINGS LLC, any other user of the Sites or any PREMIER HOLDINGS LLC Customer. You may not use the Sites or services in any manner that could overburden, or impair any of the Sites (or the networks or systems connected to any Sites). You may not use any device, software or instrumentality to interfere with the proper working of the Sites or services or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

 

1. OWNERSHIP. All information, materials, images, software, photographs, articles, functions, text and other content provided by or on behalf of PREMIER HOLDINGS LLC on the Sites (collectively, “Site Content”) is the sole property of PREMIER HOLDINGS LLC or its licensors. The Sites and all of the Site Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein, in and to the Sites and the Site Content. Unless otherwise noted, MyMendota, the Mendota Insurance Company name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Sites are the property of PREMIER HOLDINGS LLC, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Sites shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Sites or any of the Site Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the Sites or Site Content.

 

1. THIRD PARTY CONTENT AND LINKS. We may from time to time link to other websites that we feel may be useful to you and post content to our Sites that is supplied by third parties (collectively “Third Party Content”). Third Party Content is not under the control of PREMIER HOLDINGS LLC. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of Third Party Content, any services accessible by hyperlink from our Sites, links contained in any Third Party Content, or any review, changes or updates to a third party website, or for third-party websites that link to our Sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third Party Content are those of the respective author(s) or distributor(s) and not of PREMIER HOLDINGS LLC. PREMIER HOLDINGS LLC does not guarantee the merchantability or fitness for any particular purpose of Third Party Content. When leaving our Sites, you should be aware that these Terms no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any third party website.

 

1. PAYMENTS. You may make a one-time payment through our Sites or sign up for automatic payments. When you make a payment online, we collect your financial account information or credit or debit card information, in order to process your payment. If you sign up for automatic payments we store this information to process your future payments. You can cancel your auto payments and delete the financial, credit or debit card information we have stored for you at any time, by logging into your account and updating your payment information. Please note that we will not refund any payments once they have been processed.

 

1. WARRANTY DISCLAIMER. THE SITES AND SITE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PREMIER HOLDINGS LLC AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, ASSIGNS, AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE

SITE CONTENT IS UP-TO-DATE, ACCURATE, OR COMPLETE. PREMIER HOLDINGS LLC DOES NOT WARRANT THAT THE SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PREMIER HOLDINGS LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PREMIER HOLDINGS LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT NECESSARILY INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES; PLEASE REFER TO THE ACTUAL POLICY OR THE RELEVANT PRODUCT OR SERVICES AGREEMENT FOR COMPLETE INFORMATION.

1. LIMITATION OF LIABILITY. WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PREMIER HOLDINGS LLC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT OF THIS WEBSITE AND UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PREMIER HOLDINGS LLC, ITS SUBSIDIARIES, AFFILIATES, AGENTS, ASSIGNS AND OTHER REPRESENTATIVES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR SITE CONTENT, EVEN IF PREMIER HOLDINGS LLC OR A PREMIER HOLDINGS LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PREMIER HOLDINGS LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.

 

PREMIER HOLDINGS LLC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES.

1. RESTRICTED ACCESS PORTIONS OF THE SITES. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Sites using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the Sites, those rights are personal and non-transferable. You assume all responsibility for loss or misuse of your user name and password and are responsible for any activities undertaken by a person in possession of your user name or password.

 

1. JURISDICTIONAL ISSUES. Unless otherwise expressly set forth herein, PREMIER HOLDINGS LLC makes no representation that materials on the Sites are appropriate or available for use in any location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws.

 

Except as expressly set forth herein, the information contained on the Sites is not an offer to sell or a solicitation to buy any security, insurance product or other product or service by PREMIER HOLDINGS LLC. No security, insurance product or other product or service is offered or will be sold by PREMIER HOLDINGS LLC or, if sold by PREMIER HOLDINGS LLC, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under

the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.

1. YOUR SUBMISSIONS. Any information, other than personal data or information, that you transmit to PREMIER HOLDINGS LLC via the Sites, including all remarks, suggestions, ideas, graphics, or other information communicated by you to us to improve the Sites, Site Content or the products or services of PREMIER HOLDINGS LLC (each, a “Submission”), whether by electronic mail or otherwise, will be treated as non-confidential and non-proprietary and will become the property of PREMIER HOLDINGS LLC. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. PREMIER HOLDINGS LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to PREMIER HOLDINGS LLC via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Without limitation, we will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere. We will be entitled to use Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending Submissions. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

1. SOFTWARE LICENSES. You acknowledge that any software which may be available or provided to you on this website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. PREMIER HOLDINGS LLC does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by such export controls laws and regulations. You warrant that you are not located in any country, or exporting software to any person or place, to which the United States or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws.

 

1. COMPLIANCE WITH LAWS. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Sites. PREMIER HOLDINGS LLC reserves the right to terminate any account and to prevent your use of any and all Sites and Site Content if such account is used to engage in illegal activity or to violate these Terms.

 

1. SECURITY. You shall not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. PREMIER HOLDINGS LLC reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

 

1. . PREMIER HOLDINGS LLC reserves the right to in its sole discretion modify, interrupt, suspend or terminate the operation of, or access to, the Sites at any time, without notice to you and for any reason. PREMIER HOLDINGS LLC also reserves the right to terminate or block your access to the Sites at any time and for any reason including, without limitation, your violation of these Terms. In addition, PREMIER HOLDINGS LLC may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you.

 

1. LIMITED TIME TO BRING YOUR CLAIM. You agree that any cause of action arising out of or related to these Terms, the Sites and any Site Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

1. GOVERNING LAW AND FORUM. These Terms, and the interpretation, performance and enforcement of your and PREMIER HOLDINGS LLC’s rights and duties under these Terms, shall be construed in accordance

 

 

with the laws of Minnesota, except for any conflict or choice-of-law principles. By using the Sites, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts in or for Dakota County, Minnesota.

 

1. MISCELLANEOUS. The Terms, and the Privacy Policy incorporated herein, constitute the entire agreement between you and PREMIER HOLDINGS LLC relating to your use of our Sites and Site Content. These Terms operate to the fullest extent permissible by law. If any portion of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. PREMIER HOLDINGS LLC makes no representations that the Sites are appropriate or available for use in locations outside of the United States. Those who access or use the Sites from outside of the United States do so at their own volition and are responsible for compliance with local law. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Sites.

 

21. CONTACTING US. If you have any questions or concerns about these Terms, please contact us at the number or address below or visit us on the Web at www.advantageauto.com or www.mendota-ins.com

 

 

Premier Holdings LLC

Telephone Number: 800-422-0792

2 Maryland Farms Suite 320

Brentwood, TN 37027