Effective Date: January 24,
2001-2010 PDUs2Go.com Inc. All rights reserved.
1. Parties. The parties to this Agreement are you and PDUs2Go.com. If You
are not acting on behalf of yourself as an individual, then "you" means your
company or organization. All references to "us", "this web site" or "this site"
shall be construed to mean PDUs2Go.com.
2. Modification of Agreement. We reserve the right to modify this
Agreement at any time, and without prior notice, by posting an amended Agreement
that is always accessible through the "Legal" link on this site's home page.
Your continued use of this site indicates your acceptance of the amended
Agreement. You should check this Agreement through this link periodically for
modifications by clicking on the link provided near the top of the Agreement for
a listing of material changes and their effective dates.
3. Account Eligibility. Accounts and orders for goods are not
available to minors under the age of 18 years of age. You may not have more than
one active account. Additionally, you are prohibited from selling, trading, or
otherwise transferring your PDUs2Go.com account to another party.
4. Use of Site. Your use of this site and your account is subject to
agreements. PDUs2Go.com may refuse service without prior notice to any user for any
or no reason.
5. Your Account. You are responsible for maintaining the
confidentiality of your login, password, and account, and are fully responsible
for all activities that occur under your password or account with or without
your knowledge. If you knowingly provide your login and password information to
another person, your account privileges may be suspended temporarily or
terminated. You agree to immediately notify PDUs2Go.com of any unauthorized use of
your password or account or any other breach of security. PDUs2Go.com cannot and will
not be liable for any loss or damage arising from your failure to comply with
6. Termination. You agree that PDUs2Go.com may, with or without cause,
immediately terminate your PDUs2Go.com account and access to the account services
without prior notice. Without limiting the foregoing, the following will lead
to a termination by PDUs2Go.com of your account: (a) breaches or violations of this
Agreement or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) unexpected technical issues or problems, and (e)
extended periods of inactivity. Termination of your account includes (a)
removal of access to all offerings available to account holders, (b) deletion of
your password and all related information, files and content associated with or
inside your account, and (c) barring further use of the account. Further, you
agree that all terminations shall be made in PDUs2Go.com's sole discretion and that
PDUs2Go.com shall not be liable to you or any third-party for any termination of your
account or access to account services.
7. Content Delivered By Electronic Download and Compact Disc (CD). You
may have the opportunity to download or order content from this site, including
without limitation, templates and tools written in Microsoft Word and/or Excel
('Content'). If you download digital Content or order Content in the form of
CDs from this site, PDUs2Go.com grants to you a personal, non-exclusive, perpetual
license to use the Content only in your business, including the right to copy
and modify such Content only for use by you in your business. You are not
authorized (i) to resell or sublicense the Content, (ii) to distribute,
transmit, or publish the Content to the public or to anyone else in your
organization, either with or without valuable consideration, in any form,
format, or method, including without limitation, by posting on the Internet, or
(iii) otherwise to use the Content as part of a product or service for any
commercial use or purpose, either with or without valuable consideration. Your
license to use the Content will terminate automatically if you violate any of
the foregoing restrictions or if you violate any of the other terms and
conditions of this Agreement.
8. Shipment Limitation. PDUs2Go.com will accept orders for shipment only to
your location in the 50 United States or the District of Columbia. No shipments
will be made outside the United States or to a P.O. Box address.
9. Resales Permitted. You may resell goods purchased from this site.
You agree to defend and indemnify this site from and against any claim, expense,
damage, Including without limitation reasonable attorney's fees, arising out of
your resale of goods purchased from this site.
10. Price Quotes; Pricing. Any price quotations provided on this site
shall be valid for the period stated. If no time period is stated, then the
price charged for an order will be the price in effect the day PDUs2Go.com accepts
the order. Item prices shall be identified on the on-line order form at the
time of your order placement. PDUs2Go.com may change item prices at any time without
notice. Prices do not include charges for shipping and handling, and applicable
11. Shipping And Handling Charges; Taxes. Separate charges for shipping
and handling will be shown on our e-mail order confirmation. Unless you provide
us with a valid and correct tax exemption certificate applicable to the product
ship-to location prior to our acceptance of the order, You will be responsible
for sales and all other taxes associated with Your order, except for taxes on
our net income. If applicable, a separate charge for taxes will be shown on our
e-mail order confirmation.
12. Payment Terms. Terms of payment are within PDUs2Go.com's sole discretion,
and unless otherwise agreed to by PDUs2Go.com in a signed written document, payment
must be made in a manner approved by this site and received by PDUs2Go.com prior to
PDUs2Go.com's acceptance of an order.
13. Ownership; Risk of Loss. Title to goods purchased at this site
under this Agreement passes from PDUs2Go.com to you on shipment from PDUs2Go.com's
facility. Loss or damage that occurs during shipping by a carrier selected by
PDUs2Go.com shall be PDUs2Go.com's responsibility. Loss or damage that occurs during
shipping by a carrier selected by you is your responsibility.
14. Return/Refund Policy. Goods purchased from this site may be
returned in accordance with our return/refund policy in effect on the date of
our acceptance of your order. Please review our
15. Accuracy of Information and Disclaimer of Warranty. PDUs2Go.com has made
every effort to present the content on this site accurately, but additions,
deletions and changes may occur. Except as may be provided in any separate
written agreement signed by the parties, goods, services, and/or content on this
site is provided 'as is', and neither PDUs2Go.com nor its representatives make any
representation or warranty with respect to such products, services, and/or
content. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY
THE PARTIES, PDUS2GO.COM AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE
FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS
SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY
PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may
not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED
IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some states do not allow
limitations on how long an implied warranty may last, so the above limitations
may not apply to you.
16. Limitation of Liability. Under no circumstances will PDUs2Go.com or its
affiliates have any liability with respect to any claims or damages (whether
indirect, special, incidental, consequential or punitive) as a result of your
access or use of (or inability to access or use) this site or its content, even
if they have been advised of the possibility of such damages. Direct damages are
limited to the purchase price of the goods ordered and fully paid from this
17. Intended For Use Only In The United States. This site is controlled
and operated by PDUs2Go.com from its offices within the United States. PDUs2Go.com does
not represent that this site is appropriate or available for use elsewhere;
access to this site from locations where its contents are illegal is not
authorized. If you access this site from outside the United States, you do so on
your own initiative and at your own risk.
18. Registration Data. Registration is required for you to establish an
account at this site. You agree (i) to provide certain current, complete, and
accurate information about You as prompted to do so by the registration form
("Registration Data"), and (ii) to maintain and update such registration
information as required to keep such information current, complete and
accurate. You warrant that your Registration Data is accurate and current, and
that you are authorized to provide such Registration Data. You authorize us to
verify your Registration Data at any time. If any Registration Data that you
provide is untrue, inaccurate, not current or incomplete, we retain the right,
in its sole discretion, to suspend or terminate rights to use your account.
Solely to enable us to use information you supply us internally, so that we are
not violating any rights you might have in that information, you grant to us a
nonexclusive license to (i) convert such information into digital format such
that it can be read, utilized and displayed by our computers or any other
technology currently in existence or hereafter developed capable of utilizing
digital information, and (ii) combine the information with other content
provided by us in each case by any method or means or in any medium whether now
known or hereafter devised.
19. Monitoring. We reserve the right to monitor your access and use of
this web site without notification to you. We may record or log your use in a
link on this site's home page.
20. Account Questions/Notifications. PDUs2Go.com maintains specific contact
information including an e-mail address for questions and comments regarding
your account with this site. All correspondence and email should be addressed
Notification of Questions/Comments Regarding Your Account
3500 Lenox Road
Atlanta, GA 30326
21. Arbitration. Except for actions to protect intellectual property
rights and to enforce an arbitrator's decision hereunder, all disputes,
controversies, or claims arising out of or relating to this Agreement or a
breach thereof shall be submitted to and finally resolved by arbitration under
the rules of the American Arbitration Association ('AAA') then in effect. There
shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement
of the parties in accordance with AAA rules. The arbitration shall take place
in Atlanta, Georgia, and may be conducted by telephone or online. The
arbitrator shall apply the laws of the State of Georgia, USA to all issues in
dispute. The controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The findings of the arbitrator shall be final and binding
on the parties, and may be entered in any court of competent jurisdiction for
enforcement. Enforcements of any award or judgment shall be governed by the
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral
Awards. Should either party file an action contrary to this provision, the
other party may recover attorney's fees and costs up to $1000.00.
22. Jurisdiction And Venue. The courts of Fulton County in the State of
Georgia, USA and the nearest U.S. District Court shall be the exclusive
jurisdiction and venue for all legal proceedings that are not arbitrated under
23. Severability. If any provision of this Agreement is declared
invalid or unenforceable, such provision shall be deemed modified to the extent
necessary and possible to render it valid and enforceable. In any event, the
unenforceability or invalidity of any provision shall not affect any other
provision of this Agreement, and this Agreement shall continue in full force and
effect, and be construed and enforced, as if such provision had not been
included, or had been modified as above provided, as the case may be.
24. Force Majeure. Neither party shall be liable for damages for any
delay or failure of delivery arising out of causes beyond their reasonable
control and without their fault or negligence, including, but not limited to,
Acts of God, acts of civil or military authority, fires, riots, wars, embargoes,
Internet disruptions, hacker attacks, or communications failures.
Notwithstanding anything to the contrary contained herein, if either party is
unable to perform hereunder for a period of thirty (30) consecutive days, then
the other party may terminate this Agreement immediately without liability by
ten (10) days written notice to the other.
25. Miscellaneous. This Agreement constitutes the entire understanding
of the parties with respect to the subject matter of this Agreement and merges
all prior communications, representations, and agreements. This Agreement may
be modified only by a written agreement signed by the parties. If any provision
of this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable. This
Agreement shall be construed under the laws of the State of Georgia, USA,
excluding rules regarding conflicts of law. The application the United Nations
Convention of Contracts for the International Sale of Goods is expressly
excluded. This license is written in English, and English is its controlling