Terms of Use

Last Modified: November 1, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between A. Duie Pyle, Inc. (“we” or “us”) and you. The following terms and conditions (these “Terms of Use”) govern (i) your access to and use of the websites we operate, including aduiepyle.com (including mypyle.aduiepyle.com and careers.aduiepyle.com), pylenow.com, and pyle100.com (each, a “Website”), and any content, functionality, and services offered on or through a Website, and (ii) services we provide to you or your business, directly or indirectly (including transportation, home delivery, warehousing, brokerage, or other services).

Please read these Terms of Use and our Privacy Policy carefully before you use this Website or receive services from us. By accessing or using this Website or receiving services from us, directly or indirectly, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use this Website or receive services from us.

This Website and our services are offered and available to persons who are 18 years of age or older, and reside in the United States and, in some limited cases, Canada. By using this Website or receiving services from us, directly or indirectly, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Website or receive services from us.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of this Website and services we provide, directly or indirectly, after that time. However, any changes to the dispute resolution provisions under the heading Governing Law and Jurisdiction in these Terms of Use will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on this Website.

Your continued use of this Website or receipt of services from us, directly or indirectly, following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website or receive services from us so you are aware of any changes, as they are binding on you. Any new material added to this Website after any such revisions will be subject to these Terms of Use (as so revised).

electronic communications

When you visit this Website, send or receive messages through this Website, send emails to us or receive emails from us (that is emails to or from the domain aduiepyle.com), or send texts to us or receive texts from us, you are communicating with us electronically. By accessing or using this Website or receiving services from us, directly or indirectly (including transportation, home delivery, warehousing, brokerage, or other services), you consent to receive communications from us electronically. We may communicate with you by email or text or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive electronic communications from us at any time, and you may request a paper version of any electronic communication. We may charge you a reasonable fee to print and mail to you paper versions of electronic communications, unless we are prohibited from charging such a fee by applicable law. To withdraw your consent to receive electronic communications from us, update your email address or phone number for email or text communications from us, or request a paper copy of an electronic communication, please email us at pylemarketing@aduiepyle.com. If you withdraw your consent to receive electronic communications from us, we may prohibit you from using or interacting with certain content, functionality, or services offered on or through our Website. To receive email communications from us, you must have access to an active email account and you must notify us of the email address. To receive text communications from us, you must have access to an active text messaging service and an associated telephone number and you must notify us of the phone number. To receive the notices we post on this Website, you must be able to access the Internet and your web browser must be the current version of Chrome, Firefox, Edge, or Safari. If we change these requirements, we will revise these Terms of Use to reflect the change. Your continued use of this Website or receipt of services from us, whether directly or indirectly, following the posting of revised Terms of Use means that you accept and agree to the changes.

ACCESSING THE WEBSITE

We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website or the entire Website.

You are responsible for:

Making all arrangements necessary for you to have access to this Website.
Ensuring that all persons who access this Website through your internet connection are aware of these Terms of Use and comply with them.

YOUR USER ACCOUNT

To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. If you are a registered user, you agree to maintain and update such information so that the information remains correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including through the use of any interactive features on this Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree that you are responsible for all activities related to your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing us at pylemarketing@aduiepyle.com or calling us at 800-523-5020 (Attention: Marketing). You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to take any and all action we deem necessary or reasonable to maintain the security of this Website and your account, including, without limitation, terminating your account, disabling your access to your account, and requiring an account or password reset or requesting information to authorize transactions on your account. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section and any unauthorized access to or use of your account. To protect yourself from unauthorized access to or use of your account information, we highly recommend that you change your password frequently and do not share your password with anyone.

authorized representative

If you create a user account on behalf of a company or other business, or use any of the features on the Website to act on behalf of or access information regarding a company or other business that is our customer (for example, to request pickups, obtain quotes or reports, track shipments, or submit claims), you represent and warrant to us that you represent that company or business, and that you are duly authorized by that company or business to create such account, take such action, or access such information, as the case may be. We reserve the right to require a written authorization that is acceptable to us from a company or business before allowing you to act on behalf of or access information regarding that company or business. If you obtain access to company or business data that you are not authorized to use or access, you must notify us immediately.

SERVICES AND OTHER TERMS AND CONDITIONS

If we provide services to you, directly or indirectly (for example, any transportation, home delivery, warehousing, or brokerage services), such services will be subject to these Terms of Use as well as other terms and conditions of service such as the A. Duie Pyle, Inc. Local Motor Freight Tariff or any other applicable agreement.

PAYMENT AND TAXES

If you order any services from us, the fees for the services must be prepaid, unless we elect, in our sole discretion, to extend you credit and invoice you. If we agree to invoice you, you must provide us with billing information that is correct, current, and complete, and payment will be due within 30 days of the invoice date. We reserve the right to request that payments be made via electronic funds transfer.

Unless we expressly state otherwise in writing, the fees we charge for services you order from us do not include any taxes, including any local, state, provincial, federal, or foreign sales, use, excise, gross receipts, value added, consumption, or similar taxes or any other withholding taxes, levies, duties, or similar governmental assessments of any nature (collectively “Taxes”). You are responsible for paying all Taxes payable in connection with the services you order from us. If we are obligated to collect and remit Taxes for which you are responsible to pay, you will pay to us the appropriate amount.

INTELLECTUAL PROPERTY RIGHTS

This Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement of this Website) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use this Website only for the limited purpose of conducting business with us and your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download a reasonable number of pages of this Website for the limited purpose of conducting business with us and/or your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for the limited purpose of conducting business with us and/or your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features (for example, https://x.com/ADuiePyle, https://www.facebook.com/aduiepyle, https://www.linkedin.com/company/a-duie-pyle-inc/, https://www.instagram.com/aduiepyle_official/) with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Website.
Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Except for the limited purpose of conducting business with us, you must not access or use for any commercial purposes any part of this Website or any services or materials available through this Website.

If you wish to make any use of material on this Website other than that set out in this section, please address your request to pylemarketing@aduiepyle.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of these Terms of Use, your right to use this Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

Our logo(s), symbols, the words or phrases Pyle®, A. Duie Pyle®, MyPyle®, Pyle People Deliver®, ECO Environmentally Conscious Operation®, Pylenow®, Pyle Pulse®, and all related logos, symbols, words, phrases, product and service names, designs, and slogans are our or our affiliates’ or licensors’ trademarks or service marks. There may be instances where we omit trademark notice symbols (such as ® or ™) for creative reasons or ease of readability. These omissions do not affect the validity or enforceability of such trademarks or service marks or our rights under applicable law, including, without limitation intended, the right to recover profits or damages under the Lanham Act (15 U.S.C. § 1111). You may not use such trademarks or service marks without our express prior written permission. There may be other names, logos, symbols, words, phrases, product and service names, designs, and slogans on this Website that are owned by third parties and we do not have the authority to permit and do not authorize you to use any of the same.

restrictions on use

UNAUTHORIZED USE OF THE WEBSITE OR ITS CONTENTS, FEATURES, OR FUNCTIONALITY IS A VIOLATION OF THE LAW.

You may only use this Website (1) for lawful purposes, (2) in accordance with these Terms of Use, and (3) for the limited purpose of conducting business with us and/or your personal, non-commercial use. You agree not to use this Website or its contents, features, or functionality:

For any purpose other than the limited purpose of conducting business with us and/or your personal, non-commercial use.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
In any way that does not comply with the restrictions under the heading Intellectual Property Rights in these Terms of Use.
To collect or harvest information, including personal information, about visitors to or users of this Website without their consent or otherwise systematically extract data from this Website, including without limitation any financial data or email addresses.
To harass, abuse, or otherwise harm another person or group.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To access another user’s account without permission or allow an unauthorized user to access your account.
To provide false or misleading information about yourself to us, impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or otherwise attempt to mislead others about your identity or the origin of any content, message, or other communication.
To register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party for any account or services if you are not expressly authorized by such party to do so.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website or, in our sole judgment, may harm us or users of this Website or expose them to liability.

Additionally, you agree not to:

Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of this Website, including their ability to engage in real time activities through this Website.
Use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
Use any manual process to monitor or copy any of the material on this Website or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of this Website.
Publish or link to malicious content of any sort, including content intended to damage or disrupt another user’s computer or data.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer, or database connected to this Website.
Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
Decompile, reverse engineer, or disassemble any part of this Website.
Probe, scan, test the vulnerability of, or breach the authentication measures of, this Website.
Otherwise attempt to interfere with the proper working of this Website.

USER CONTRIBUTIONS

This Website may contain contact pages, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to us or other users or persons (collectively, “post”) content or materials such as messages, comments, suggestions, unsolicited ideas, reviews, photos, text, videos, or the like (collectively, “User Contributions”) on or through this Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to this Website will be considered non-confidential and non-proprietary. By providing any User Contribution on this Website, you grant us, our affiliates and service providers, and each of our and their respective licensees, successors, and assigns a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, sub-license, modify, make derivative works of, perform, display, distribute, and otherwise disclose to third parties any such material along with your name for any purpose (including all promotional, marketing, advertising, and other commercial and non-commercial purposes) without any obligation to you or additional permission from you. You agree to waive any right you may have to be named in the User Contributions, and allow us to use your User Contributions without any reference or attribution. You expressly release us from any claims, damages, actions, or liabilities arising from our use of your User Contributions as permitted by these Terms of Use.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our affiliates and service providers, and each of our and their respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use, including the Content Standards set out in these Terms of Use.
You have obtained the express consent of each person, if any, pictured or mentioned in the User Contributions (including, in the case minors, the express consent of their parents or guardians) to have their image and/or name used in the User Contributions and used by us as permitted by these Terms of Use.
Our use of the User Contributions, as permitted under this agreement, does not and will not violate, misappropriate, or infringe any intellectual property rights, publicity rights, or other proprietary rights of any third party.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not we, are fully responsible for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this Website.

CONTENT STANDARDS

These content standards apply to any and all User Contributions. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is libelous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Include content that uses the names or likenesses of persons living or dead without their permission.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Include personal information of any third party, including, without limitation, family name, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
Involve political campaigning or commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Include viruses, corrupted data, or other harmful, disruptive, or destructive files.

MONITORING AND ENFORCEMENT

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards set out in these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website or the public, or could create liability for us.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website.
Terminate or suspend your access to all or part of this Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS US, OUR AFFILIATES AND SERVICE PROVIDERS, AND ANY OF OUR AND THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on this Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials from this Website by submitting written notification to our copyright agent.

Our copyright agent to receive notices regarding alleged copyright infringement is our Marketing Manager. Our Marketing Manager can be contacted as follows: by mail to A. Duie Pyle, Inc., P.O. Box 564, West Chester, PA 19381-0564, Attention: Marketing Manager; by email to pylemarketing@aduiepyle.com; or by telephone at 800-523-5020 (Attention: Marketing Manager).

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:

Your physical or electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works.

Identification of the material you believe to be infringing and sufficient information to allow us to locate that material.

Your contact information such as your name, postal address, telephone number, and email address.

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

A statement by you that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the foregoing requirements, your notice regarding an alleged copyright infringement may not be effective.

If you knowingly materially misrepresent that material or activity on this Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others. It is our policy to terminate the accounts of users who are repeat infringers.

RELIANCE ON INFORMATION POSTED

The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided (1) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and (2) you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails, texts, or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Except to the extent permitted above, you must not:

Establish a link from any website that is not owned by you.
Cause this Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of this Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

This Website may contain links to other sites and resources provided by third parties. These links include links to our accounts at social media sites operated by Facebook, X, LinkedIn, and Instagram. Except as provided below, these Terms of Use apply only to our Website. We do not control these third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk and subject to the terms of use and privacy policies for such websites.

Our Website contains links to job application sites operated by UKG and Tenstreet and ourwarehouse management system (“WMS”) site operated by Körber. Your access to and use of the UKG and Tenstreet sites when you use the links from our Website to their sites are governed by both these Terms of Use and the terms of use of UKG or Tenstreet, as applicable. Similarly, your access to and use of the Körber site when you use our WMS site are governed by both these Terms of Use and the terms of use of Körber.

GEOGRAPHIC RESTRICTIONS

The owner of this Website is based in the Commonwealth of Pennsylvania in the United States. We provide this Website for use only by persons located in the United States and, in some limited cases, Canada. We make no claims that this Website or any of its content is accessible or appropriate outside of the United States or Canada. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT HOSTS IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR OUR OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of this Website, including, but not limited to, your User Contributions, any use of this Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from this Website.

Termination

We have the right to terminate or suspend your access to all or part of this Website for any or no reason (including, without limitation, any violation of these Terms of Use), without prior notification even if access and use continues to be allowed to others. Upon such termination or suspension, you must immediately (1) discontinue use of this Website and (2) destroy any copies you have made of any portion of this Website. Any use of, attempted use of, or attempted access to this Website after such termination or suspension will constitute an act of trespass. You agree that we will not be liable to you or any third party for any termination or suspension of your access to this Website.

GOVERNING LAW AND JURISDICTION

All matters, disputes, or claims (including non-contractual disputes or claims) arising out of or related to this Website, any services we provide to you or your business, whether directly or indirectly, or these Terms of Use will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule that would provide to the contrary (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or related to this Website, any services we provide to you or your business, directly or indirectly, or these Terms of Use must be instituted exclusively in the federal courts of the United States of America for the Eastern District of Pennsylvania or the courts of the Commonwealth of Pennsylvania located in the County of Chester, although we retain the right to bring any suit, action, or proceeding against you arising out of or related to this Website, any such services, or these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS WEBSITE, ANY SERVICES WE PROVIDE TO YOU OR YOUR BUSINESS, WHETHER DIRECTLY OR INDIRECTLY, OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by us of any term or condition in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will (1) if permitted by applicable law, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, or (2) otherwise, be eliminated or limited to the minimum extent and, in either case, the remaining provisions of these Terms of Use will continue in full force and effect.

YOUR COMMENTS AND CONCERNS

This Website is operated by A. Duie Pyle, Inc., 650 Westtown Road, P.O. Box 564, West Chester, PA 19381-0564.

All notices of copyright infringement claims should be sent to the copyright agent designated under the heading Copyright Infringement in these Terms of Use in the manner and by the means set forth in that section.

All other feedback, comments, requests for technical support, and other communications relating to this Website or these Terms of Use should be directed to us as follows:

by mail to A. Duie Pyle, Inc., P.O. Box 564, West Chester, PA 19381-0564, Attention: Marketing,

by email to pylemarketing@aduiepyle.com, or

by telephone via our toll-free number at 800-523-5020 (Attention: Marketing).

Thank you for visiting this Website.

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