Terms & Conditions

Terms & Conditions

Last Updated: June 6, 2023

 

These terms and conditions (these “Terms”) govern your use of any website or mobile application owned or operated by PWS Integration, its subsidiaries and affiliates, including PWS Integration and PnS3 websites (here addressed as “PWS”) around the world (collectively, the “Site”) where these Terms appear or are linked. These Terms are subject to change by PWS Integration, in its sole discretion, at any time, without prior written notice. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. Therefore, you should review these Terms prior to using the Site.

Additional terms and conditions may apply to some products or services offered by PWS and to the use of the Site and to specific portions or features on the Site, including, but not limited to, promotional offers, contests, or other similar features (“Additional Terms”) all of which terms are made a part of these Terms by this reference. The Additional Terms will control to the extent of any inconsistency between the Additional Terms and these Terms.

You should also carefully review our Privacy Policy before using the Site as it also govern your use of the Site and our services.

Please read these Terms carefully before using the Site. If at any time you do not agree with any of these Terms, you must immediately stop using the Site.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW AND JURISDICTION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND PWS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

 

1. About us

We, along with our affiliates and subsidiaries, are PWS. Our address is 376 Lemon Creek Drive, Suite F, Walnut, CA 91789. You can contact us by mail at the above address, by email at info@pns3.com or by telephone at 1 (888) 271-8856.

2. Use of the Site

When you use the Site or our services, you agree to use the Site and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.  In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which PWS may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to PWS that you will not use the Site or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:

• Access or attempt to access the Site other than through the interface that is provided by PWS, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of PWS;
  
  
• Access or attempt to access the Site, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers;
  
  
• Engage in any activity that disrupts or otherwise interferes with the Site (or the servers and networks which are connected to the Site), or our services;
  
  
• “Scrape”, duplicate, reproduce, copy, republish, license, sell, trade or resell the Site for any purpose;
  
  
• Divert or attempt to divert PWS customers to another website, mobile application, or service;
  
  
• Send unsolicited or unauthorized emails on behalf of PWS, including promotions and/or advertising of products or services;
  
  
• Restrict or inhibit any other person from using the Site or our services;
  
  
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
  
  
• Attempt to do anything, or encourage, assist, or allow any third-party to do anything in violation of these Terms; or
  
  
• Use a false email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or our services.

PWS reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. PWS reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in its sole discretion, at any time, for any reason, without notice. PWS WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE SITE, OR THE SITE ENTIRELY, TO USERS, INCLUDING REGISTERED USERS.

3. Posting content on the Site

3.1. Posting content on the Site

You may post content on the Site, including, but not limited to, testimonial, feedback, reviews, and blogs. If you post content on the Site, you agree to comply with our Privacy Policy, and these Terms. You acknowledge and agree that you are solely responsible for all content and the accuracy of all content you make available in connection with the Site. You represent and warrant that:

• You and not someone else composed and posted the content on the Site;
• You own or otherwise control all of the rights to the content that you post on the Site;
• You have the authority to grant the rights in such content; and
• Such content, and the use of such content, will not violate these Terms.

3.2. Right to use content

Unless we indicate otherwise, you grant PWS an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, and create derivative works, incorporate and imbed into other works, and distribute, and display such content throughout the world in any medium or form now existing or later created. You also agree to the following:

• We may use the content for any purpose;
• We may use the comment with or without any pseudo (pen) name credit;
• The reprint or use of the content will be at our discretion and without compensation; and
• We may use the content locally, nationally, or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed.

3.3. Right to monitor content

PWS has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any content made available through the Site. PWS takes no responsibility and assumes no liability for any content you post, upload, or otherwise make available through your use of the Site. You are solely responsible for any content you post, upload, or otherwise make available through your use of the Site.

3.4. Restrictions on content

PWS may, in its sole discretion, at any time, remove or deny content for any reason, including, but not limited to, when the content contains any of the following:

• Hyperlinks/URLs;
• References to other stores/resellers;
• Comments on products and services that were either physically damaged or misused;
• Comparisons to competing brands/products of competing brands;
• References to aftermarket procedures or installation techniques not mentioned specifically in the original product or service documentation;
• Replies to existing customer reviews; please do not attempt to initiate discussions here.

3.5. Prohibited content

You are prohibited from posting content on the Site that is:

• Offensive or abusive;
• Obscene, pornographic, or otherwise objectionable;
• Illegal;
• False, fraudulent, inaccurate, or misleading;
• Derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity;
• Violent or threatening, or promotes violence or actions that are threatening;
• Infringing the rights of others, including, but not limited to patent, copyright, trademark, trade secret, trade dress, right of privacy, or any other proprietary right;
• Intending to cause harm, damage, or otherwise interferes with the Site and our services;
• Violating any of our policies;
• Violating any local, state, federal, or international laws;
• Injurious to third parties; or
• Contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.

4. Registering for an account

To register for a PWS account, you must provide us with your personal information, including your name, email address, and password. It is a condition of your use of the Site that all the information you provide on the Site is accurate, current and complete. Your user name and password are for your personal use only. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. In the event your password is lost or stolen it is your responsibility to notify PWS at the address listed in the “Contact Us” section. PWS may, in its sole discretion, at any time, for any reason, deactivate, block, or freeze your account.

5. Placing an order

5.1. Orders

Your order is an offer to PWS to buy the product(s) and services listed in your order along with a sales order number. When you place an order to purchase a product and/or service from PWS, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that we have received your order; it does not constitute PWS’s acceptance of your order or PWS’s confirmation of our offer to sell. An order is not binding upon PWS until it is accepted; PWS must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Once payment is received and an order is accepted, PWS will issue an invoice to you and a contract will come into existence between you and us. PWS may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, PWS may, in its sole discretion, cancel your order and limit order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If however, your order is limited or canceled after your credit card has been charged for the purchase, PWS will issue a credit to your credit card account in the amount of the charge.

We may process payment for and ship parts of your order separately.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the “your account” area of the Site.

5.2. Payment

In order to place an order with PWS, you must provide us with your name, shipping address, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code. You represent and warrant to PWS that the credit card information or other payment method information you provide to PWS is accurate and complete; and you are authorized to use such credit card or payment method for the purchase.

Terms of payment are within our sole discretion and we must receive payment before our acceptance of an order. Payment methods may vary by location. Depending on your location, we may accept any of the following payment methods:

• Visa
• MasterCard
• American Express
• Discover
• Bank Wire Transfer

5.3. Shipping

Your total cost for the purchase of any product will include the shipping and handling charges shown on your PWS invoice. Your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to PWS.

To learn more about shipping for U.S. customers, please review our U.S. Shipping Policy. The Domestic Shipping Policy is incorporated into these Terms in its entirety.

5.4. Risk of Loss

PWS will arrange for shipment of ordered product(s) to you, Free Carrier (F.C.A.) risk of loss passes to you upon delivery to the carrier. PWS will advise you of estimated shipping dates, but PWS will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

5.5. Taxes

Within the United States, PWS collects sales tax on taxable products shipped to every state that has a sales tax. Please note that even if PWS does not collect state sales tax, you are required to pay the tax. Sales tax laws regularly change, and we will use commercially reasonable efforts to keep our information current. If you believe your order is not taxable, please submit an exemption certificate before finalizing your purchase.

5.6. Tax exemption

If you are a tax-exempt organization or reseller, you can apply for tax exemption on your PWS orders.

5.7. Customs, duties & taxes

When ordering products from PWS for delivery from outside of your jurisdiction, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information. Additionally, please note that when ordering from PWS, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

5.8. Order processing

5.8.1. Order status

PWS will keep you informed of your order status via email. All tracking information will be emailed to the email provided once your order has shipped (except when an APO/FPO/DPO is the shipping destination). You may also acquire your order status and other updates by telephone.

5.8.2. Order processing

Once you have placed your order, you can expect your order to be processed within approximately 1-2 business days, provided the items are in stock and there are no problems with payment verification. PWS does not guarantee same day-shipping. We do not process orders on Saturdays, Sundays or U.S. holidays.

5.9. Canceling orders

You may cancel your order for a product at no cost any time before the order has been processed and shipped, provided PWS has sufficient time to cancel the order.

Nothing in this section limits your rights to cancel your order under any law.

6. Products

Unless expressly indicated otherwise, PWS is not the manufacturer of the products sold on the Site. Actual product packaging and materials may contain more and different information to that displayed on the Site. Ingredients may also change. All information about the products on the Site is provided for information purposes only, and PWS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SITE’S ACCURACY. We recommend that you do not rely solely on the information presented on the Site. Please always read labels, warnings and directions provided with the product before use.

TO THE FULLEST EXTENT PERMITTED BY LAW, PWS ACCEPTS NO LIABILITY AND RESPONSIBILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS LISTED.

Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

7. Promotions

Promotional offers, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, and etc. (collectively, “Promotions”) are subject to change without notice. In addition, PWS reserves the right to modify or cancel Promotions at any time, for any reason, and without notice, but will honor orders already placed.

8. Content on the Site

8.1. Intellectual property

All content included on the Site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of PWS, its suppliers, licensors, or other providers of such material and is protected United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. PWS and its suppliers and licensors expressly reserve all intellectual property rights in all content.

These Terms permit you to use the Site for your personal, non-commercial use only.

The PWS name, logos, service names, designs, and slogans are trademarks of PWS. You must not use such marks without the prior written permission of PWS. All other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PWS.

8.2. Pricing and availability

All prices are displayed in the currency of the jurisdiction of the country you have selected when accessing the Site.

All pricing is subject to change without notice, and PWS reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes and other extenuating circumstances.

PWS may limit the number of products available for purchase. PWS may, in its sole discretion, at any time, for any reason, change the quantities available for purchase.

We list availability information for products sold by us on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. As we process your order, we will inform you by email as soon as possible if any products you order turns out to be unavailable. PWS shall at its sole discretion, at any time, have the right to refuse or cancel any order for a product that is unavailable. If such order is canceled after your credit card has been charged for the purchase, PWS will issue a credit to your credit card account in the amount of the charge.

8.3. Product listings

Prices and availability of products are subject to change without notice. Any changes to PWS-controlled prices, specifications and terms will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. PWS strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the Site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. PWS reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. To the fullest extent permitted by law, PWS shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the Site contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your credit card has been charged for the purchase, PWS will issue a credit to your credit card account in the amount of the charge. Additionally, all hyperlinks to other websites from PWS are provided as resources to customers looking for additional information and/or professional opinion. PWS does not assume responsibility for the claims and/or representations made on these or any other websites.

Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

8.4. Product revisions

PWS IS NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS AND/OR PHYSICAL APPEARANCE. In the interest of our customers, PWS puts forth commercially reasonable efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on the Site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. CONSEQUENTLY, PWS WILL NOT BE HELD RESPONSIBLE FOR PRODUCT REVISION CHANGES.

8.5. Links

All links to other websites from PWS are provided as resources to customers looking for additional information and/or professional opinion. To the fullest extent permitted by law, PWS does not assume responsibility for the claims and/or representations made on these or any other websites. IF YOU ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE POLICIES AND TERMS AND CONDITIONS FOR SUCH WEBSITES.

9. Reporting claims of infringement of intellectual property rights

9.1. Notices of copyright infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from PWS infringe your copyright, you may request removal of those materials (or access to them) from PWS by submitting written notification to info@pns3.com. 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 (the “DMCA Notice”) must include substantially the following:

• A physical or electronic signature of the copyright owner or a person who is authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you 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; and
• A statement by you that the information 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 requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

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

9.2. Notices of trademark Infringement

In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to info@pns3.com:

• A physical or electronic signature of the trademark owner or a person who is authorized to act on behalf of the trademark owner;
• Identification of the trademark, service mark, and/or trade dress you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

9.3. Notices of Infringement of other intellectual property rights

In order to remove infringing content, please send a notice of infringement containing the following information to info@pns3.com:

• A physical or electronic signature of the owner of the other intellectual property right or a person who is authorized to act on behalf of the owner of the intellectual property right;
• Identification of the other intellectual property right you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

10. General terms

10.1. Electronic Waste Recycling Act

The Electronic Waste Recycling Act (“Act”) became law in California on January 1, 2005. The primary objective of this law is to initiate a recycling program for computer products containing chemicals deemed hazardous to the environment. To fund this program, California requires retailers and e-tailers to collect, on the state’s behalf, a fee for each product covered by this law. The fee is paid by the consumer at the time of purchase of the covered product. This fee will be remitted directly to the state by and only applies to orders shipped within California.

The types of products that we are required to collect this recycling fee include cathode ray tubes, cathode ray tube devices, flat panel screens, and other similar video display devices. The actual amount of the recycling fee will vary, based on the screen size of the product when measured diagonally, as follows:

Greater than 4” and less than 15” — $5.00

Greater than or equal to 15” and less than 35” — $6.00

Greater than or equal to 35” — $7.00

For more information concerning the scope and details of the Act, please refer to the California Department of Resources Recycling and Recovery’s website or to the Department of Toxic Substances Control’s website.

10.2. Recordings

PWS does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with PWS unless you have provided clear and conspicuous notice to PWS and have received prior written consent from PWS.

10.3. Your indemnification

To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless PWS, its affiliates, licensors and service providers, and its 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.

10.4. Liability; Exclusions

NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW.

SUBJECT TO THE PRECEDING PARAGRAPH, PWS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY PWS AT THE TIME OF ENTERING INTO THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 10.6, IN ALL CIRCUMSTANCES PWS’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD TO WHICH YOUR CLAIM RELATES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of this section do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.  In any event, PWS reserves all rights, defenses and permissible limitations under the law of your State of residence.

10.5. Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms or the sales transactions between you and PWS be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and PWS agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Los Angeles, California or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial.  If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator.  The arbitration shall be conducted in the English language.  The decision of the arbitrator will be final and binding on the parties.  Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

You may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to PWS. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to PWS Integration at 376 Lemon Creek Drive, Suite F, Walnut, California 91789 to the attention of PWS Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with PWS.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND PWS, WHETHER IN ARBITRATION IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND PWS EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against PWS that is more than one year after the date of the applicable invoice.

PWS is not authorized to do business in every jurisdiction. Information published on the Site may contain references or cross-references to goods or services that are not available in your state or country.

10.6. Waiver

The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

10.7. Severability

If any provision contained in these Terms is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

10.8. Entire Agreement

These Terms, together with PWS’s invoice regarding the products and/or services ordered by you, constitute the entire agreement between PWS and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between PWS and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT