Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Pack-A-Drum, Inc. ("Pack-A-Drum," "we," "us," or "our") concerning your access to and use of the packadrum.com website, our products, and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access our Services.

Products and Services

1.1 Description of Services

Pack-A-Drum provides innovative waste management solutions, including trash compactors, deflator bags, and related accessories designed to reduce waste volume and improve efficiency in commercial and industrial settings.

1.2 Product Availability

Our products and services are subject to availability. We reserve the right to:

1. Modify or discontinue any product or service without notice
2. Limit the quantities of any products or services offered
3. Refuse service to anyone for any lawful reason
4. Correct any errors in pricing or product descriptions

Use of Services

2.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.

2.2 Acceptable Use

You agree not to use our Services:

1. For any unlawful purpose or in violation of any laws
2. To transmit harmful, offensive, or objectionable content
3. To interfere with or disrupt our Services or servers
4. To attempt to gain unauthorized access to any portion of our Services
5. To collect or harvest information about other users
6. For competitive purposes without our express written consent

Ordering and Payment

3.1 Order Acceptance

All orders placed through our website or sales representatives are subject to acceptance by Pack-A-Drum. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or concerns about fraudulent activity.

3.2 Pricing and Payment Terms

1. All prices are in U.S. dollars unless otherwise specified
2. Prices are subject to change without notice
3. Payment terms are net 30 days unless otherwise agreed in writing
4. Late payments may incur interest charges at 1.5% per month
5. We accept various payment methods as indicated during checkout

3.3 Taxes and Fees

You are responsible for all applicable taxes, duties, and fees associated with your purchase, unless we are legally required to collect such amounts.

Shipping and Delivery

4.1 Shipping Terms

Unless otherwise specified, all shipments are F.O.B. our shipping point. Title and risk of loss pass to you upon delivery to the carrier.

4.2 Delivery Timeframes

Estimated delivery dates are approximate and not guaranteed. We are not liable for delays in delivery caused by circumstances beyond our reasonable control.

4.3 Inspection Upon Delivery

You must inspect all shipments upon receipt and note any damage or shortages on the carrier's delivery receipt. Claims for damaged or missing items must be reported within 48 hours of delivery.

Intellectual Property

5.1 Ownership

All content on our website and in our Services, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Pack-A-Drum or its content suppliers and is protected by U.S. and international copyright laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your personal or internal business purposes. This license does not include any right to:

1. Resell or make commercial use of our Services or content
2. Modify or make derivative works based on our content
3. Download or copy content except for personal use
4. Use any data mining, robots, or similar data gathering methods

5.3 Trademarks

"Pack-A-Drum" and our logos are trademarks of Pack-A-Drum, Inc. You may not use our trademarks without our prior written permission.

Warranty and Disclaimers

6.1 Limited Product Warranty

Pack-A-Drum products are covered by our standard warranty as described in our separate Warranty Policy. Please refer to the Warranty page for complete details.

6.2 Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN OUR WARRANTY POLICY, OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.3 No Guarantee of Results

While our products are designed to reduce waste volume and improve efficiency, we do not guarantee specific results or savings. Actual performance may vary based on usage, waste types, and other factors.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACK-A-DRUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

1. Your use or inability to use our Services or products
2. Any unauthorized access to or alteration of your data
3. Statements or conduct of any third party
4. Any other matter relating to our Services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Pack-A-Drum, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

1. Your violation of these Terms
2. Your use or misuse of our Services or products
3. Your violation of any third-party rights
4. Any content you submit or transmit through our Services

Governing Law and Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

9.2 Arbitration Agreement

Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Brevard County, Florida.

9.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

General Provisions

10.1 Entire Agreement

These Terms constitute the entire agreement between you and Pack-A-Drum regarding our Services and supersede all prior agreements and understandings.

10.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

10.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights under these Terms without restriction.

10.5 Modifications

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

Contact Information

If you have any questions about these Terms of Service, please contact us at: