Indemnity

You shall bear the risk of loss or damage resulting from your use of prime-xpress.com or its content or any of the services. You agree to defend, indemnify and hold harmless PRIMEX and its respective officers, directors, employees, agents and representatives from any and all claims, demands, damages (including incidental and consequential damages), liabilities, costs, expenses, suits and judgments, including the payment of legal fees arising out of or relating to any of the following:

  • Your breach of any of these terms and conditions.
  • Your activities conducted in connection with prime-xpress.com, its content or any of the services.
  • Your failure to abide by any applicable laws or regulations regarding prime-xpress.com, its content or any of the services.
  • PRIMEX’s provision of data and information to you (including, without limitation, any errors in the information or any unavailable or incomplete information).
  • Authorized or unauthorized uses of prime-xpress.com, its content or any of the services any manner by you or on your behalf, directly or indirectly, including, without limitation, claims relating to reroutes or thefts of shipments, claims of breach of privacy.

OR

Your failure to implement adequate internal security measures to safeguard your login id, password code or any other data or information provided by PRIMEX (or any portion thereof) and its confidentiality.

Limitation of liability

Your use of prime-xpress.com and its content and PRIMEX’s services is at your sole risk. Under no circumstances, including but not limited to negligence, shall PRIMEX be liable to you or to any party claiming through you for any direct, indirect, incidental, special, consequential or other damages in tort, contract, product liability or under any other theory of law resulting from the access to or use of insight information or the internet, or your access to or use of, or inability to access or use; insight information or the internet, including, without limitation, damages resulting from loss of use, profits, data, or business, and damage to your internal computer systems even if PRIMEX, or an authorized representative of PRIMEX, has been advised of the possibility of such damages.

PRIMEX, will not be liable for your acts or omissions, including but not limited to, incorrect completion or updating of any enrollment or profile form, failure to implement adequate internal security measures to safeguard your login id or password code, or services or content provided to or accessed by you (or portions thereof) and its confidentiality or for the acts or omissions of the recipient or anyone else with an interest in prime-xpress.com or its content or any of PRIMEX’s services. Also, PRIMEX, will not be liable if you violate any of the terms of this agreement. PRIMEX, will not be liable for loss, damages or delay caused by events PRIMEX, cannot control, including but not limited to, acts of god, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority. You agree to immediately notify PRIMEX, of any known or suspected unauthorized use of your logon id, password code or any other confidential information relating to PRIMEX or any known or suspected breach of security, including loss, theft, or damage to your shipments.