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Drew Enterprises Customer Agreement/Terms
& Conditions.
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This Drew Enterprises Customer Agreement
("Agreement") is by and between Drew
Enterprises and or any of its affiliated network of
web site(s) ("Drew Enterprises") and You,
Your heirs, agents, successors and assigns
("You"), and is made effective as of the
date of electronic or handwritten signed execution and
or when services are initiated or rendered at your verbal
request.
This Agreement sets forth the terms and conditions of
Your use of Drew Enterprises services and represents
the entire agreement between You and Drew Enterprises.
By participating in this transaction, You acknowledge
that You have read, understand and agree to be bound
by all the terms and conditions of this Agreement, along with any new, different or additional
terms, conditions or policies, which Drew Enterprises
may establish from time to time.
In addition to transactions entered into by You on
Your behalf, You also agree to be bound by the terms
of this agreement for transactions entered into on
Your behalf by anyone acting as Your Agent, and
transactions entered into by anyone who uses the
account You've established with Drew Enterprises,
whether or not the transactions were in Your
behalf.
You agree that Drew Enterprises may modify this
agreement in order to comply with applicable law and
any the terms and conditions or any rules or policies
that may be published from time to time by Drew
Enterprises.
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1. fees |
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In consideration for the services and products
("service") purchased by You and provided to
You by Drew Enterprises, You agree to pay Drew
Enterprises prior to service rendering upfront in
full, unless other payment arrangements have been made
and agreed upon. Payment
is to be made by You by providing one of the
following: a valid credit card or an online check
payment via PayPal (processing fees may apply for this
service), or personal or business check or money order
(collectively, the "Payment
Method"). Personal checks and money orders must
be for payments of $100 or more, and issued in U.S.
dollars for the full amount required at that time.
Personal checks under $1,000 are subject to the same
processing fees as wire transfers. All personal checks
will be delayed fourteen (14) days until the money is
credited, which may delay Your usage of the product or
service/s, and any check that bounces will result in a
$50 bounced check fee. If You purchase an
automatically renewing service or product by check or
money order, it is Your responsibility to make payment
arrangements for timely delivery of each renewal payment. All payments
and services are
non-refundable. If for any reason Drew Enterprises is
unable to charge Your Payment Method for the full
amount owed Drew Enterprises for the service provided,
or if Drew Enterprises is charged a penalty for any
fee it previously charged to Your Payment Method, You
agree that Drew Enterprises may pursue all available
remedies in order to obtain payment. You agree that
among the remedies Drew Enterprises may pursue in
order to effect payment, shall include but will not be
limited to, immediate cancellation without notice to
You and or immediate collection agency remedy. Drew Enterprises reserves the right to charge a
reasonable service fee for administrative tasks
outside the scope of its regular services. These
include, but are not limited to, customer service
issues that cannot be handled over email but require
personal service, and disputes that require legal
services. In addition, for any late payment 30 days past due from date of
any invoice, for
any reason, a 10% late fee on amount due shall apply, unless otherwise noted. Finally, for any
payments past due 30 days any or all accounts will be placed in backup withholding until
account is paid in full and made current. These charges will be billed to the Payment
Method we have on file for You. You may change Your
Payment Method at any time by mailing your request to
PO Box 4011, Harrisburg, PA 17111.
Services Renewals
When You become a customer, automatic renewal is
standard. Drew Enterprises will automatically renew, for a
period equivalent to the length of Your original
contract, agreement or request of service any service that is up for renewal and will
take payment from the Payment Method You have on file
with Drew Enterprises, at Drew Enterprises then
current rates or agreed upon terms. Thus, if you have chosen to use a
specific service for one month, Drew Enterprises
will automatically renew it for one month. If You have
chosen to use a specific service for two years, Drew
Enterprises will automatically renew it for two years,
and so on. All services will be non refundable. If for
any reason Drew Enterprises is not able to take the
payment from the Payment Method You have on file, and
You fail to respond to our notices, Your account could
be turned over to collections and cancelled. It is Your
responsibility to keep Your Payment Method information
current, which includes the expiration date if you are
using a credit card. You agree that Drew Enterprises
will not be responsible for cancelled accounts that
You fail to renew, either automatically or manually.
In any case, if You fail to renew Your account in a
timely fashion, additional charges may apply,
specifically for re-activations. You will
incur the applicable additional renewal fee/s unless
You cancel 30 days in advance and prior to service
rendering. |
2. term of agreement; modifications |
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The term of this agreement shall continue in full
force and effect as long as You have an account
through Drew Enterprises. You further agree that Drew
Enterprises may charge You any fee or fees if You
breach Your contract or agreement during any service period, such as legal fees,
but not limited to. Drew Enterprises will not charge
You a fee if Drew Enterprises cancels Your account
during this period because of fraud.
You agree that Drew Enterprises may modify this
agreement from time to time. Drew Enterprises may also
discontinue services it provides under this agreement
for any reason whatsoever.
You agree to be bound by any changes Drew Enterprises
may reasonably make to this agreement when such
changes become effective. Should You elect to cancel
Your agreement with Drew Enterprises You will not
receive a refund for any fees You may have paid to
Drew Enterprises and be bound by any contract,
agreement or service period for the
full term.
You agree that Drew Enterprises shall not be bound
by any representations made by third parties who You
may use to purchase services from Drew Enterprises,
and that any statements of a general nature, which may
be posted on Drew Enterprises affiliated web site (s) or be
contained in Drew Enterprises or its affiliates promotional materials,
will not bind Drew Enterprises.
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3. up to date information; use of information and
expiration |
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You agree to notify Drew Enterprises within five
(5) business days when any of the information You
provided as part of the application and/or
registration process changes. It is Your
responsibility to keep this information in a current
and accurate status. Failure by You, for whatever
reason, to provide Drew Enterprises with accurate and
reliable information on an initial and continual
basis, shall be considered to be a material breach of
this agreement. Failure by You, for whatever reason,
to respond within five (5) business days to any
inquiries made by Drew Enterprises to determine the
validity of information provided by You, shall also be
considered to be a material breach of this agreement.
You agree to retain a copy for Your record of the
receipt for purchase of Your services.
You agree that for establishing an account by You,
the following contact data is required: postal
address, email address, telephone number, and if
available, a facsimile number for the registered name
holder and, if different from the registered name
holder, the same contact information for, an
administrative contact and a billing contact. |
4. suspension of services; breach of agreement |
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You agree that, in addition to other events set
forth in this agreement,
Your ability to use any of the services
provided by Drew Enterprises or its affiliates is subject to cancellation or
suspension in the event there is an unresolved breach
of this agreement and/or suspension or cancellation is
required by any policy now in effect or adopted later
by Drew Enterprises.
You agree that Your failure to comply completely
with the terms and conditions of this agreement and
any Drew Enterprises rule or policy may be considered by
Drew Enterprises to be a material breach of this agreement and
that Drew Enterprises may provide You with notice of such
breach either in writing or electronically (i.e.
email). In the event You do not provide Drew
Enterprises with
material evidence that You have not breached Your
obligations to Drew Enterprises within ten (10) business days,
Drew Enterprises may terminate its relationship with You and
take any remedial action available to Drew Enterprises
under
the applicable laws. Such remedial action may be
implemented without notice to You and may include, but
is not limited to, canceling the any
of Your accounts and discontinuing any services
provided by Drew Enterprises to You. No fees will be refunded
to You should Your agreement be cancelled or services
be discontinued because of a breach.
Drew Enterprises failure to act upon or notify You of any
event, which may constitute a breach, shall not
relieve You from or excuse You of the fact that You
have committed a breach.
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5. restriction of services; right of refusal |
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You agree that Drew Enterprises reserves the right to
deactivate Your account from its system if Drew
Enterprises deems it is the recipient of activities caused
by Your account that threaten the stability of its
network or business.
You agree that Drew Enterprises and its affiliates, in its sole discretion and
without liability to You, may refuse to accept the
registration of any account or may cancel your account
or contract at any time for any reason. Drew Enterprises also may in
its sole discretion and without liability to You
delete the registration of any account during the
first thirty (30) days after registration has taken
place. Drew Enterprises may also cancel the registration of an
account, after thirty (30) days, if that account is
being used, as determined by Drew Enterprises in its sole
discretion, in association with spam or morally
objectionable activities. Morally objectionable
activities will include, but not be limited to:
activities designed to defame, embarrass, harm, abuse,
threaten, slander or harass third parties; activities
prohibited by the laws of the United States and/or
foreign territories in which You conduct business;
activities designed to encourage unlawful behavior by
others, such as hate crimes, terrorism and child
pornography; activities that are tortious, vulgar,
obscene, invasive of the privacy of a third party,
racially, ethnically, or otherwise objectionable;
activities designed to impersonate the identity of a
third party; and activities designed to harm or use
unethically minors in any way. In the event Drew
Enterprises refuses an account or deletes an existing
account during the first thirty (30) days after
registration, You will receive a refund of any fees
paid to Drew Enterprises in connection with the registration
either being canceled or refused. In the event Drew
Enterprises deletes the registration of an account being
used in association with spam or morally objectionable
activities, no refund will be issued.
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6. limitation of liability |
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You agree that Drew Enterprises and its affiliates entire liability to You
under this agreement, and Your only remedy, in
connection with any service provided by Drew
Enterprises, to
You under this agreement, and for any breach of this
agreement by Drew Enterprises, shall be limited to the fees
You paid to Drew Enterprises for the particular service in
contention. Drew Enterprises and its agents and contractors
shall not be liable for any direct, indirect
incidental, special, or consequential damages
resulting from the use of or inability to use any of
Drew Enterprises services or for the cost of obtaining
substitute services. Because certain states do not
permit the limitation of elimination of liability for
certain types of damage, Drew Enterprises liability shall be
limited to the smallest amount permitted by law. Drew
Enterprises disclaims any loss or liability resulting from:
- access delays or interruptions to our web site
(s);
- data non-delivery or mis-delivery between You
and Drew Enterprises;
- events beyond our control (i.e. acts of God);
- the loss of a service or the use of a service;
- the failure for whatever reason to renew a
service;
- the unauthorized use of Your account with Drew
Enterprises or any of services provided to You by
Drew Enterprises ;
- errors, omissions or misstatements;
- deletion of, failure to store, or failure to
process or act upon email messages;
- processing of updated information to Your
registration record;
- development or interruption of Your services;
- errors taking place with regard to the
processing of Your application; and
- any act or omission caused by You or Your agent
(whether authorized by You or not)
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7. indemnity |
| You agree to release, defend,
indemnify and hold harmless Drew Enterprises and its
contractors, agents, employees, offices, directors,
shareholders and affiliates from and against any
losses, damages or costs, including reasonable
attorney's fees, resulting from any claim, action,
proceeding suit or demand arising out of or related to
Your (including Your agents, affiliates or anyone
using Your account with Drew Enterprises whether or not on
Your behalf, and whether or not with Your permission)
use of the services provided by Drew Enterprises. Should
Drew Enterprises be notified of a pending law suit, or receive
notice of the filing of a law suit, Drew Enterprises may seek
a written confirmation from You concerning Your
obligation to indemnity Drew Enterprises. Your failure to
provide such a confirmation may be considered a breach
of this agreement. |
8. representation and warranties |
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You warrant that all information provided by You as
part of the registration process is complete and
accurate. You also warrant that each registration You
make is being done so in good faith and that You have
no knowledge of it infringing upon or conflicting with
the legal rights of a third party. You also
warrant that the account being registered will not
be used in connection with any illegal activity.
You agree that Drew Enterprises makes no representations or
warranties or any kind in connection with this
agreement and specifically makes no guaranty to You
against the possibility of objection to, or challenge
of, the registration or use of any account You
register or open with Drew Enterprises.
Drew Enterprises expressly reserves the right to deny,
cancel or transfer any account that it deems
necessary, in its discretion, to protect the integrity
and stability, to comply with any
applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability,
civil or criminal, on the part of Drew Enterprises, as well as
its affiliates, subsidiaries, officers, directors and
employees. Drew Enterprises also reserves the right to freeze
an account during resolution of a dispute.
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9. disclaimer of warranties |
| Drew Enterprises and or its
affiliates expressly disclaims all
warranties of any kind, whether express or implied,
including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose
and non-infringement. Drew Enterprises makes no warranty that
its service(s) will meet Your requirements, or that
the service(s) will be uninterrupted, timely, secure,
or error free, or that defects will be corrected. Drew
Enterprises does not warrant, nor make any representations
regarding the use, or results of, any of the services
it provides, in terms of their correctness, accuracy,
reliability, or otherwise. |
10. severability; entirety |
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You agree that the terms of this Agreement are
severable. If any part of this Agreement is determined
to be unenforceable or invalid, that part of the
agreement will be interpreted in accordance with
applicable law as closely as possible, in line with
the original intention of both parties to the
Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect.
You agree that this agreement including the
policies it refers to constitute the complete and only
agreement between You and Drew Enterprises regarding the
services contemplated herein.
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11. venue; waiver of trial by jury |
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This agreement shall be deemed entered into in the
state of Pennsylvania. The
laws and judicial decisions of Dauphin county,
Pennsylvania, shall be used to determine the validity,
construction, interpretation and legal effect of this
agreement. For the adjudication of disputes concerning
or arising from the use of a service with Drew
Enterprises, You shall submit, without prejudice to the
jurisdiction of the court where Drew Enterprises is located. You agree that any
action relating to or arising out of this agreement,
shall be brought in the courts of Dauphin county,
Pennsylvania.
You agree to waive the right to trial by jury in
any proceeding that takes place relating to or arising
out of this agreement.
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12. notices |
You agree that all notices (except
for notices concerning breach of this agreement) from
Drew Enterprises to You may be posted on our web site
or affiliated web site(s)
and will be deemed delivered within five (5) days
after posting. Notices concerning breach will be sent
either to the email address You have on file with Drew
Enterprises or mailed first class postage to the
postal address You have on file with Drew Enterprises
or its affiliates.
In both cases, delivery shall be deemed to have been
made five (5) days after the date sent. Notices from
You to Drew Enterprises shall be made either by
email, sent to the address we provide on our web site
or affiliated web site(s),
or first class mail to our address at:
Drew Enterprises
PO Box 4011
Harrisburg, PA 17111Delivery shall be deemed to have been made by You
to Drew Enterprises five (5) days after the date
sent.
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Last Updated: 10/19/2009
Copyright © 2008-Present Drew
Enterprises. All Rights Reserved. |
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