Disclaimer for Registration

Before becoming a registered user of PDUs Direct, you must read and accept all of the terms and conditions in this User Agreement.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Resolution of Disputes

If a dispute arises between you and PDUs Direct, our goal is to work with you in a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below. Before resorting to these alternatives, you agree to first contact us directly to seek a resolution by going to the "Customer Care" help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Governing Law Venue

This Agreement will be construed and enforced according to the laws of the state of Nevada, USA, regarding contracts made and wholly performed in Nevada.

Arbitration

In the event of a dispute between the parties with respect to this Agreement or any party's rights or obligations hereunder and except as otherwise provided for in this Agreement, the parties shall negotiate and attempt in good faith to resolve said dispute within fifteen (15) days after any party makes written demand on the other party for such negotiation. If such dispute is not resolved by mutual agreement, then such dispute shall be settled by binding arbitration in accordance with the then current commercial arbitration rules of the American Arbitration Association, as modified herein. Each party shall select one arbitrator, and such party-selected arbitrators shall select a neutral third arbitrator. The arbitrators selected shall hear any such arbitration in Sacramento, California. In any such arbitration, each party shall be limited to three depositions, twenty interrogatories, twenty requests for admission, and twenty request for production of documents. The arbitrators and the parties shall seek to conduct the arbitration economically and shall conclude the arbitration with 180 days of its commencement. Any party shall have the right to invoke other expedited procedures for arbitration as provided in such rules to the extent consistent with this Section 4.7. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Each party is responsible for their own attorney's fees and costs. Nothing herein shall, however, prejudice the right of any party to seek equitable injunctive relief from a U.S. court of competent jurisdiction. In connection with any such proceeding hereunder, all parties consent to service of process by mail and to conducting of any such proceeding under the applicable court's rules of procedure.

Force Majeure

Neither party shall be responsible or liable to the other party for any failure to perform any of its obligations hereunder if such failure results from circumstances beyond the reasonable control of such party, including without limitation, requisition by any government authority or any other governmental order or regulation, wars, terrorism, work stoppages due to strikes, lockouts or other labor disputes, riots, epidemic disease, act of God, civil commotion, fire, earthquake, storm, failure of public utilities or common carriers, shortage of or inability to obtain materials, equipment, supplies, utilities, labor or transportation from normal sources, breakdown of or injury to facilities or equipment used for production, transportation, receiving, manufacturing due to changes from the specifications as a result of any governmental action or any other circumstances beyond the control of the party affected whether similar to the above causes or not.

LICENSE AND SITE ACCESS

PDUs Direct grants you a limited license to access and use this site and not to download or modify it, or any portion of it, except with express written consent of PDUs Direct. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PDUs Direct. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PDUs Direct without express written consent. You may not use any meta tags or any other "hidden text" utilizing PDUs Direct's name or trademarks without the express written consent of PDUs Direct. Any unauthorized use terminates the license granted by PDUs Direct.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PDUs Direct reserves the right to refuse service, terminate accounts, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from PDUs Direct are made pursuant to our shipping policy. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Please see our shipping and return policies.