Contact - pdktrains

PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES. THE CURRENT VERSION OF THESE TERMS AND CONDITIONS APPLY EACH TIME YOU USE THE pdktrains.COM WEBSITE.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Membership Agreement ("Agreement"), is made by and between pdktrains, as operated by Pdktrains.com ("pdktrains," "We," "Us," or "Our") at PO Box 741494, 260 N INDUSTRIAL DR Orange City, FL 32774, pursuant to its provision of the membership rewards program called pdktrains("Program"), and the person specified on the Program account summary page, described below, or who has attempted to enroll as a member ("Member," "You," "Your" or "Yourself"). pdktrainsis a service mark of Pdktrains.com.
1. APPLICABILITY
UPON YOUR ENROLLMENT OR ATTEMPTED ENROLLMENT IN THE pdktrainsMEMBERSHIP REWARDS PROGRAM AS DESCRIBED HEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, OR IF ANY OR ALL OF THE FOLLOWING ARE PROHIBITED WITHIN YOUR JURISDICTION, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE, THE PRODUCTS, OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY, AND UNDERSTANDING OF EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU HAVE ANY QUESTIONS, CLICK HERE.
2. STEPS TO ENROLL
2.1 How to Enroll. To enroll in the Program, enter and submit your email address on the Website and follow the steps to register. If You are accepted as a Member of the Program and meet all the requirements provided in this Agreement and on the Website, You may be contacted directly by certain merchants who advertise on Our Website ("Sponsors") by email to participate in marketing opportunities for which You will not earn credits, points, rebates and/or other incentives in Your account other than the credits or points you earned for signing up with this service.
2.2 Accurate Information. In consideration of Your use of the Program, You agree to provide true, accurate, and current information about Yourself as prompted by the registration pages on Our Website, and agree to promptly update such information in Your account within the account section of the Website should it change or should additional information be required by pdktrainsor applicable law. We reserve the right to request verification of, and You agree to be subject to verification of, any of the information provided by You for enrollment with and continued use of the Membership.
2.3 Refusal of Enrollment. To the full extent allowed by applicable law, We, at Our sole discretion and for any or no reason, may refuse to accept applications for Membership.
2.4 Company Newsletter and Other Emails. When you sign up for the Program, You are opting to receive Our newsletters by email, other special offer emails, and/or third-party emails. If You do not wish to receive these emails, You should not sign up for the Program or you may opt-out at any later time, by following the directions in the newsletter/email or within the account section of the Website. You may later elect to opt-in again by updating Your account within the account section of the Website.
3. REQUIREMENTS FOR MEMBERSHIP
3.1 Termination. To enroll in and maintain a Membership in the Program, You must meet the basic requirements listed below. We reserve the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis. If Your Membership is terminated for any reason, Your account will be closed and its contents eliminated, and under no circumstances will You collect compensation or remuneration.
3.2 Age. By registering on this Website, You certify that You are eighteen (18) years of age or older.
3.3 Approved Locations. The Program is currently available only in the United States of America. You must be physically located within the United States of America while using the Program, and be a legal resident of the United States of America and have a physical mailing address in the United States of America throughout Your Membership.
3.4 One Account Per Member. Each member may only enroll once for each of the Service.
3.5 Inaccurate Information. If any information You provide is untrue, inaccurate, incomplete or not current, or if pdktrainshas reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, pdktrains, at its sole discretion, has the right to suspend or terminate Your Membership or account and refuse all current or future access to the Website and use of the Membership or account or suspend or terminate any portion thereof. We are not responsible for lost Credit, payments, mail or communications due to Your failure to provide valid contact information or other accurate information.
3.6 Cookies. Members must have cookies enabled. Members must access Our Sponsors' websites (where offers may be completed) through the Website. These conditions are mandatory so that the Sponsor will know that You used Our Website to reach the respective Sponsor's website.
3.7 Accounts Are Non-Transferable. Your password and account are personal to You and are not transferable. You may not allow anyone else to use Your password or account or to receive Credit earned by You. You may not use anyone else's password or account or act to accrue Credit for Yours or anyone else's account. You are responsible for keeping Your account information secret. pdktrainswill not be liable for losses that are incurred through the use of Your account by a third party or the disclosure (whether voluntarily or involuntarily) of Your password or account information.
3.8 Member Etiquette. You shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of the Website. You shall not use robots, scripts, spiders, or crawlers or similar devices with the Website. Violation of the foregoing by You will result in termination of Membership, loss of all accrued Credit and being barred from future participation with any pdktrainsprogram or service. Any decision made by pdktrainsrelating to termination of any Membership in cases of suspected abuse or violation of its rules shall be final and binding.
3.9 Your Relationship To pdktrains. By providing the Membership information to enroll in or maintain a Membership in the Program, You are applying to receive a service. Your relationship to pdktrainsis one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Website.
4. INTELLECTUAL PROPERTY.
You acknowledge and agree that (a) all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") is the copyrighted work of pdktrainsor its third party content suppliers and is protected by copyright laws, (b) pdktrains's name, the domain www.Pdktrains.com, the pdktrainslogo, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of pdktrainsand Pdktrains.com (collectively, "Marks"), and (c) all other trademarks, product names, company names or logos on the Website are the property of their respective owners. In addition to agreeing to comply with all applicable laws, You agree You will not use any such Content or Marks from this Website for any purpose without the appropriate prior written authorization.
5. TERMINATION, SUSPENSION AND CANCELLATION.
5.1 Termination/Suspension. pdktrains, at Our sole discretion, may terminate or suspend any Membership without prior notice for any reason or no reason at all, including without limitation, for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the Program; (c) acting against Our business interests or reputation; (d) otherwise acting unlawfully in relationship to pdktrains, the Website or the Program; or (e) inactivity (defined as the failure to earn any Credit in Your account) for a continuous six-month period. If We terminate Your Membership, You may not re-enroll or join under a new Membership unless pdktrainsformally invites you to do so.
5.2 Loss of Credit. If We terminate a Member's account for any reason, We may refuse to acknowledge some or all of the Credit to the terminated Member's account if such amounts were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the Member.
5.3 Cancellation. You may cancel Your Membership at anytime through the Contact Us page on the Website. If You decide to cancel Your Membership and later become re-enrolled, You will be assigned a new account number and will start Your account with a zero balance. Note: You will not receive Credit for redemption of sponsor offers you have completed previously, even if you submit a new application for that sponsor offer.
5.4 End of Program. We may cease offering the Program and/or the Website at any time and for any reason, in Our sole discretion. Upon cessation of the Program or Website, we will ship any gifts or rewards previously awarded, but all Credits in Your account for which You have not yet become eligible for any gift or reward may be cancelled in Our discretion, or We may transfer such Credit to any other Program or website in Our discretion.
6. WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PROGRAM OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM.
7. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT pdktrains, INCLUDING pdktrains'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, EXPENSES, AND COURT COSTS) RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS, YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES, OR REGULATIONS, OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE, PROGRAM, PRODUCTS, ACCOUNT, MEMBERSHIP BENEFITS, CONTENT OR SOFTWARE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE, EVEN IF pdktrains, OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON pdktrains, THEN YOU AGREE THAT pdktrains'S TOTAL LIABILITY FOR ANY OR ALL YOUR LOSSES OR INJURIES FROM pdktrains'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIMS ALLEGEDLY VIOLATED, SHALL NOT EXCEED THE VALUE OF ANY GIFT OR REWARD YOU EARNED THROUGH THIS SITE OR, IF YOU HAVE NOT EARNED A GIFT OR REWARD THROUGH THIS SITE, $300.
8. GOVERNING LAW AND OTHER TERMS.
8.1 Jurisdiction and Venue. ANY ACTION RELATED TO THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICT OF LAWS RULES. Any action relating to this Agreement as permitted following the Mandatory Arbitration described above shall be brought in the state or federal courts located in the Southern District of Florida, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of the State of Florida and the United States of America that apply to the use of the Program and the compensation You may receive. If the law of Your residence prohibits or limits Your participation in the Program, then You are responsible for complying with such laws and You agree to indemnify Us against any breach or violation.
8.2 Enforceability; No Assignment. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement, Your Membership or other benefits You may receive as a Member to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. We may assign this Agreement at Our sole discretion.
8.3 Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both pdktrainsand You.
8.4 Mandatory Arbitration. You understand and agree that all claims, disputes, or controversies between You and pdktrainsand its parents, subsidiaries or related companies, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration using the American Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from this Agreement, by one or more arbitrators appointed in accordance with the said rules at a location determined by the arbitrator(s). Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator(s) and not by the court. Judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement, and proceedings thereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. Sec. 1-16 ("FFA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The parties voluntarily and knowingly waive any right they have to a jury trial.
9. SECURITY.
9.1 Standard Procedures. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, We have used appropriate industry standard procedures to protect the confidentiality of Your personal information, such as firewall, encryption, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of Our network and its data. However, no data transmitted over the Internet can be completely secure. As a result, while We strive to protect Your personal information, We cannot guarantee the security of any information that You transmit to Us or from Our sponsors and You do so at Your own risk.
9.2 No Tampering. You agree not to tamper with the proper functioning and tracking of the Website or Program. Emulating or "faking" search usage and Website visits will lead to termination of Your account and may lead to legal action.
9.3 Unauthorized Use. ANY UNAUTHORIZED USE OR ENTRY INTO THE pdktrainsWEBSITE IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE FULL EXTENT OF THAT LAW.
10. ENTIRE AGREEMENT.
This Agreement, the Privacy Policy, and other terms, conditions and policies pdktrainsmay post on this Website constitute the entire Agreement between You and Us in connection with Membership in Our Program and supersede all prior agreements between the parties regarding the subject matter contained herein. This Agreement, the Privacy Policy, and other terms, conditions and policies pdktrainsmay post on this Website shall be read to be mutually consistent wherever possible. In the event of any conflict, this Agreement and the Privacy Policy will control over the Website. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.
11. CONTACTING US.
If You have questions about the Program, any offer, Sponsor, completion, gift, reward, Website or this Agreement, please contact us by clicking Here.

Terms & Conditions