TERMS OF USE AGREEMENT

Welcome to the Website of Premier Warehousing Services, Inc. and its subsidiaries, including, without limitation, Premier Warehousing Services of Texas, Inc.,. Rogers-Premier Unloading Services, LLC and Rogers-Premier Enterprises, LLC. (collectively, "Premier"). Use of this site is subject to the terms set forth below. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. YOUR ACCESS TO, AND USE OF, THIS SITE MEANS YOU AGREE TO ABIDE BY THE FOLLOWING TERMS (THE "AGREEMENT"). Premier may at any time, and from time to time, revise the provisions of this Agreement by updating this posting. By accessing this site, you agree to be bound by any such revisions without prior notice, and thus should review the current terms each time you access the site. You may not change these terms by letter, electronic mail or otherwise. For the purposes of this Agreement "You" means the person accessing this site, or if that person is acting for a company or other entity, "you" means that company or other entity and all of its officers, directors, shareholders, employees, members, and managers.

NO UNLAWFUL OR PROHIBITED USE

You agree that you will not use this site for any purpose that is unlawful or prohibited by this Agreement or applicable law. You may not attempt to gain unauthorized access to any portion of this site, other accounts, systems or networks connected to this site.

DISCLAIMER

The information provided on this site is for informational purposes only. Premier does not guarantee the accuracy or completeness of any of the information accessible through this site. This site is provided on an "AS IS" and "AS AVAILABLE" basis. Premier is not liable to any user or anyone else for any decision made or action taken based on reliance upon the information contained on or provided through this site. Premier is not obligated to continue to make this site available for any period of time and does not guarantee continuous, uninterrupted or secure access to this site. PREMIER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, AVAILABILITY, SUITABILITY, RELIABILITY OF ANY INFORMATION PROVIDED HEREIN, OR SECURITY, USEFULNESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WARRANTIES REGARDING COMPLETENESS OF THE CONTENT OF THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT WILL PREMIER ASSUME OR BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, SPECIAL, EXEMPLARY OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER COMMERCIAL DAMAGE, RESULTING FROM OR ARISING OUT OF (1) THE USE OR THE INABILITY TO USE THIS SITE, (2) THE SECURITY OF THIS SITE, OR (3) THE CONTENT, INFORMATION CONTAINED AT THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS PREMIER?S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY RELATED TO DISSATISFACTION WITH THE SITE, BREACH OF THIS AGREEMENT BY PREMIER, OR USE OF THIS SITE OR THE INFORMATION CONTAINED THEREIN, IS TO STOP USING THE SITE.

INDEMNIFICATION

You agree to INDEMNIFY, DEFEND AND HOLD HARMLESS, Premier, its subsidiaries, and their respective officers, directors, shareholders, employees, members, and managers, from and against any and all liability, loss, claims, penalties, interest, clean-up costs and other pollution related items, damages, costs, actions, and expenses, including attorneys? fees, based upon or arising directly or indirectly out of any (i) breach by you of your obligations under this Agreement or (ii) your use of this site or the content thereof.

SECURITY

Information contained at this site is subject to Premier's privacy practices, as they may change from time to time. We have taken reasonable steps to protect the use of and information found at this site, but as a result of the nature of the internet this information may be accessed by those without the appropriate authority or permission.

TRADEMARKS

Premier, Rogers-Premier, WSDM and all related marks are service marks or trademarks of Premier. They may not be used or displayed without Premier's prior written consent.

JURISDICTION

This Agreement will be governed, construed and interpreted under the laws of the State of North Carolina, without regard to its conflicts of laws provisions. Any action brought in connection with this Agreement shall be filed within one (1) year of the date of the alleged injury, regardless of any statute of limitations and filed in the state or federal courts of the State of North Carolina and you hereby consent to the jurisdiction of those courts. You hereby agree to the exclusive jurisdiction and venue of the courts sitting in North Carolina and agree that all disputes arising out of or relating to the use of this site shall be resolved in those courts.

TERMINATION/ACCESS RESTRICTION

In addition to any other remedies that may be available at law or in equity upon a breach of this Agreement by you, Premier reserves the right, in its sole discretion, to terminate or suspend your access to any and all of this site at any time, without notice. Premier shall not be liable to you or any third party for any termination or suspension of your use of this site.

PRIVACY

Premier may collect user information or if you contact us with question or comments, we may obtain the contact information you provided in order to reply. Use of the collected information shall be subject to Premier?s privacy practices, as they may change from time to time.

GENERAL

You agree that no joint venture, partnership, employment or agency relationships exist between you and Premier as a result of this Agreement or use of this site. Heading and section names are for convenience purposes only and have no legal or contractual effect. If any provision, or portion thereof, of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, such shall not affect the balance of the Agreement which shall continue in full force and effect. The failure of a party hereto to exercise any right hereunder shall not be deemed to be a waiver of such right. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the party making such waiver. If you choose to access this site form outside the United States, you are responsible for compliance with all foreign and other applicable laws. Any and all rights not expressly granted herein are reserved by and for Premier. This Agreement shall be binding upon, and inure to the benefit of, you and Premier and their successors and assigns.

Revised November 2005

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