Terms & Conditions

The following Powder Coat Directory (PCD) Terms and Conditions are effective October 1, 2013. Please check back regularly for updates to the PCD Terms and Conditions.

  1. Acknowledgment and acceptance of service agreement

    1. The Powder Coating Directory Service ("PCD Service") is provided to you ("you" or "Applicant") under the terms and conditions of this Powder Coating Directory Service Agreement (the "Agreement").
    2. BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
    3. PCD Service reserves the right, in its sole discretion, to change, modify, add, or remove all or part of the Agreement at any time with notice to the email address on your business directory record. It is your responsibility to keep your current email address updated in your business directory record. You may also refer back to this Agreement regularly.
  2. Description of powder coating directory submission service

    1. PCD Service offers several services, which may change from time to time:
      1. A free service that allows you to submit a single business listing for possible inclusion in Powder Coating Directory (the “Directory”). Inclusion in the Directory is not guaranteed and is subject to the terms below, and in Powder Coating Directory’s sole discretion. When you submit through PCD Service listing, PCD Service team will review your business listing for compliance with minimum listing criteria (see section 3.0 below). Note: due to the number of requests for free listings received, PCD Service cannot guarantee a response within a particular time period. Your listing's continued inclusion in the Directory will be subject to an additional review each year.
      2. A fee-based service that allows you to pay for expedited consideration of enhanced business listings for possible inclusion in the Directory. Inclusion in the Directory is not guaranteed and is subject to the terms below, and in PCD Service’s sole discretion. If your business listing is accepted for inclusion in the Directory through PCD Service on or after October 01, 2013, then your listing's continued inclusion in the Directory will be subject to an additional review each year and to the applicable, then-current NON-REFUNDABLE recurring annual fee ("Recurring Annual Fee"). When you submit your listing through PCD Service, the PCD Service team will review your business listing for compliance with minimum listing criteria (see section 3.0 below). In consideration of your payment and participation in accordance with this Agreement, PCD Service agrees that its team will review your enhanced business listing for possible inclusion in the Directory, and respond to you within seven (7) business days from the date that you submit your enhanced business listing (excluding holiday periods observed by PCD Service and any delays due to problems processing your request). Response times are measured on PCD Service's mail servers.
      3. A free classified advertising listing and fee-based ‘Featured’ classified advertising listing that allows you to pay for placement of featured classified advertisement(s) in the Directory. Classified advertisement placement in the Directory is not guaranteed and is subject to the terms below, and at Powder Coating Directory’s sole discretion. If your featured classified advertisement is accepted for placement in the Directory through PCD Service on or after October 01, 2013, then your advertisement’s continued placement will be subject to the applicable, then-current NON-REFUNDABLE classified advertisement fee ("Recurring Advertisement Fee") if you select that option during the online purchase process. When you submit your classified advertisement request through PCD Service listing, PCD Service team will review your classified advertisement for compliance with minimum listing criteria (see section 3.0 below). If your request is for a featured classified advertisement, PCD Service will respond to your request for inclusion in the Directory on an expedited basis.
      4. A fee-based display advertising listing service that allows you to pay for placement of display advertisement(s) in the Directory. Display advertisement placement in the Directory is not guaranteed and is subject to the terms below, and at Powder Coating Directory’s sole discretion. If your display advertisement is accepted for placement in the Directory through PCD Service on or after October 01, 2013, then your advertisement’s continued placement will be subject to the applicable, then-current NON-REFUNDABLE display advertisement fee ("Recurring Advertisement Fee") if you select that option during the online purchase process. When you submit your display advertisement through PCD Service listing, PCD Service team will review your advertisement for compliance with minimum listing criteria (see section 3.0 below) and respond to your request for inclusion in the Directory on an expedited basis.
    2. In order for PCD Service to consider your enhanced business listing or advertisement for inclusion in the Directory, you must submit a valid credit card number as part of the registration or submission form. PCD Service reserves the right to remove your business listing or advertisement from the Directory for any reason, in our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below.
      1. For fee-based enhanced business listings, you agree that your credit card will be charged the then current, applicable NON-REFUNDABLE fee for expedited review of your directory listing. If your enhanced business listing is approved for inclusion, you agree that each year, your business listing will be subject to an additional review for minimum business listing criteria and your credit card will be charged the then current Annual Fee.
      2. For featured classified and display advertisers, you agree that your credit card will be charged the then current, applicable NON-REFUNDABLE placement fee if the advertisement is approved for distribution, even if there are required editorial changes. If your advertisement is accepted, you agree that at the end of each advertising term, your credit card will be charged the then current Recurring Advertisement Fee for the next term if you have selected that option during the online purchase process.
    3. If your business has a website that offers services on a subscription basis, you must provide PCD Service a trial password or subscription ID as part of the registration form. The password/subscription ID will be used by PCD Service solely as part of its evaluation of whether your business meets and maintains the minimum directory listing criteria explained below.
    4. The current fee for PCD Service listing for initial consideration in the Directory is a NON-REFUNDABLE fee of US $299.00 applicable for each enhanced business listing submitted. You acknowledge that the payment of this fee is for consideration of your business listing AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR BUSINESS LISTING WILL BE INCLUDED IN THE DIRECTORY. Your payment only guarantees that PCD Service will consider and respond to your request within seven business days, by either accepting or not accepting your business listing. You expressly agree to pay to PCD Service such fee whether or not your enhanced business listing is accepted or denied inclusion in the Directory. If your enhanced business listing is accepted for inclusion in the commercial Directory as part of PCD Service on or after October 01, 2013, then your business listing's continued inclusion in the Directory will be subject to an additional annual review for compliance with the minimum directory listing criteria and you agree that your credit card will be charged the then-current Recurring Annual Fee. Subject to Section 1.3 above, the current Recurring Annual Fee is US $299 for enhanced business listings. If PCD Service is unable to successfully charge your card or if the charge is refused, your business listing will be removed. IT IS THE APPLICANT'S RESPONSIBILITY TO KEEP CREDIT CARD INFORMATION CURRENT.
    5. The current fees for PCD Service business listings, classified advertisements and display advertisements are posted at http://powdercoatdirectory.com/advertise/. All fee increases will be subject to Section 1.3 above, which includes notification to email of record for all current advertisers and businesses with directory listings.
    6. NOTHING IN THIS AGREEMENT OBLIGATES PCD SERVICE TO LIST, LINK TO, ACCEPT OR OTHERWISE PUBLISH YOUR BUSINESS LISTING OR ADVERTISEMENT ANYWHERE ON POWDER COATING DIRECTORY WEBSITE. IN ADDITION, IF YOUR BUSINESS LISTING OR ADVERTISEMENT IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES PCD SERVICE TO PLACE YOUR BUSINESS LISTING WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY OR TO PLACE YOUR CLASSIFIED OR DISPLAY ADVERTISEMENT IN ANY PARTICULAR SECTION OR ANY PARTICULAR PAGE OF THE DIRECTORY.
    7. Please note that PCD Service Submission is only open to business listings that DO NOT ALREADY EXIST in the Directory. Do not submit your business listing to the PCD Service program if your business already appears in the Directory. IF YOU SUBMIT AN ENHANCED BUSINESS THAT ALREADY EXISTS IN THE DIRECTORY THROUGH PCD SERVICE Submission, YOUR CREDIT CARD WILL BE CHARGED THE THEN CURRENT, APPLICABLE FEE FOR EXPEDITED REVIEW. If you need to make a change to your listing in the Directory (this includes changing the URL, title, and/or description of the existing business listing), you must use the change form, NOT PCD Service New Submission Form. IF YOU SUBMIT CHANGE REQUESTS THROUGH PCD SERVICE's NEW Submission FORM YOU WILL BE CHARGED THE THEN, CURRENT, APPLICABLE FEE FOR EXPEDITED REVIEW, AND THE CHANGES YOU SUBMIT WILL NOT BE MADE. You will be notified via email of this exclusion and about how to make changes to your existing listing.
    8. YOUR RIGHTS AND REPRESENTATIONS REGARDING YOUR BUSINESS LISTING You grant the Service the right to publish within its Directory, and at its discretion, information you provide the service. You represent and warrant that the business listing or advertisements you are submitting for consideration do not and will not infringe upon the rights of any party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the business listing submitted for consideration comply with all applicable laws and regulations. You grant the Service the right to publish within its Directory, and at its discretion, information you provide the service.
  3. Minimum business listing criteria

    All business listings submitted to PCD Service must meet the following minimum criteria:

    1. If the listing is a commercial, the official business name must be visible to any visitor to that business listing;
    2. The listing must clearly define its purpose, products, and/or services;
    3. The listing may not appear in the Directory under a different URL;
    4. If the listing is applicable to a specific geographic region, the address must be visible to any visitor to that listing;
    5. The listing must not contain any parts under construction;
    6. All links on the listing must function properly;
    7. The listing must be in the English language;
    8. All text content should be appropriate and well written;
    9. All images used should adhere to minimum graphic standards of PCD Service and have ownership;
    10. All documents uploaded should be owned by the business owner;
    11. THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND PCD SERVICE, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A BUSINESS LISTING.
  4. Selection and listing of businesses

    1. PCD Service reserves the right to decide whether, where, and how a business is listed in the Directory. If PCD Service accepts your business listing for inclusion in the Directory, PCD Service will consider your preferences, but reserves the right to list your business listing in any category or subcategory as PCD Service deems appropriate, in its sole discretion. PCD Service reserves the right not to include any specific keywords, comments, or annotations with the listing of a business in the Directory.
    2. PCD Service also reserves the right, in its sole discretion, to remove your business listing from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the listing. In addition, if your listing is accepted, your listing acceptance does not entitle your information to publication on a particular domain and the Service may move your publication to alternate domains at its discretion.
    3. Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by PCD Service in writing. PCD Service reserves the right to withhold approval of any public announcement in its sole discretion.
  5. Placement of classified and display advertising

    1. PCD Service reserves the right to decide whether, where, and how an advertisement is placed in the Directory. If PCD Service accepts your advertisement for placement in the Directory, PCD Service will make an attempt to accommodate your preferences, but reserves the right to place your classified or display advertisement, as PCD Service deems appropriate, in its sole discretion.
    2. PCD Service also reserves the right, in its sole discretion, to remove your advertisement from the Directory, move the advertisement to any pace of its choosing, including requiring editorial changes at any time, for any reason. In addition, if your advertisement is accepted for placement on the Directory website, acceptance does not entitle your information to publication on a particular domain and the Service may move your advertisement to alternate domains at its discretion.
    3. Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by PCD Service in writing. PCD Service reserves the right to withhold approval of any public announcement in its sole discretion.
  6. Listing and advertisement feedback

    1. PCD Service will contact Applicant by email describing whether the business listing has been accepted or rejected.
      1. If the business listing is rejected, Applicant is entitled to request one reconsideration, or appeal, of the business listing at no additional charge by sending an email to the address provided by PCD Service. PCD Service must receive the Applicant's email within thirty days from the date that PCD Service transmits the rejection email to the Applicant. If the request is timely received, PCD Service will again review the Applicant's business listing and will then notify Applicant of its final decision regarding including the business listing in the Directory. If PCD Service reaffirms its denial of the business listing, no further appeals or submissions will be considered.
      2. If PCD Service accepts a suggested business listing, Applicant is entitled to request one reconsideration of the placement of the business listing, comment fields, title, etc, at no additional charge by sending an email to the address provided by PCD Service. PCD Service must receive the Applicant's email within thirty days from the date that PCD Service transmits the acceptance email to the Applicant. If a timely request is received, PCD Service will again review the Applicant's listing and will then notify Applicant of its final decision regarding the listing. Once a business listing is included in the Directory, if Applicant makes any substantial changes to the listing, Applicant must comply with PCD Service’s standard change process form to make any changes to the listing in the Directory.
    2. PCD Service will contact Applicant by email describing whether the classified or display advertisement has been accepted or rejected, and if rejected, the reason for the rejection.
      1. If the advertisement is rejected, no charges will be made and Applicant is entitled to request reconsideration by sending an email to the address provided by PCD Service.
      2. If PCD Service accepts a submitted advertisement but requires editorial editing, Applicant will be provided the list of requested editorial changes and the credit card will be charged. PCD Service must receive the Applicant's modified advertisement within thirty days from the date that PCD Service transmits the acceptance email to the Applicant.
  7. Termination

    1. If you wish to terminate participation in the PCD Service program, you must send a notice to PCD Service as set forth in "Section 11Notices" below. Please state that you wish to terminate your business listing's inclusion in the PCD Service. To avoid your credit card being billed for the Recurring Annual Fee, requests for termination must be received by PCD Service at least fifteen (15) business days before the end of the year that you intend to be your last year of participation. The "end of the year" is defined as 365 days from the date that your business listing was added to the PCD Service as noted on the confirmation emailed to you at that time. Once PCD Service receives such notification from you, your participation in the PCD Service program will cease and your listing will be removed at the end of the year. If you request that your listing be removed before the end of a year for which you have pre-paid the Recurring Annual Fee, you agree that PCD Service will not be required to refund any portion of such fee.
  8. Applicant privacy

    1. PCD Service maintains information about Applicant on third party servers, including but not limited to Applicant's registration information. Applicant agrees that PCD Service may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that PCD Service may disclose such information in good faith, belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of PCD Service or others; provided, however, that nothing in this section shall impose a duty on PCD Service to make any such disclosures.
    2. PCD Service may contact Applicant regarding PCD Service Submit using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from PCD Service's advertisers.
  9. Indemnity

    1. Applicant agrees to indemnify, defend and hold harmless PCD Service, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested business listing, any alleged violation of this Agreement, or any alleged violation of any rights of others. PCD Service reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.
  10. Disclaimer of warranties and liabilities

    1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
    2. PCD SERVICE, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOOD WILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF PCD SERVICE IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, PCD SERVICE'S ACCEPTANCE OR REJECTION OF A SUGGESTED BUSINESS LISTING, OR PCD SERVICE'S CONTINUED LISTING OF A BUSINESS IN THE DIRECTORY.
    3. PCD SERVICE'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO PCD SERVICE UNDER THIS AGREEMENT.
  11. Force majeure

    1. PCD Service is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
  12. Notices

    1. Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to PCD Service, such notices shall be addressed to directory@powdercoatdirectory.com or to PCD Service at 2011 Johnson Industrial Blvd.Nolensville, TN 37135, USA. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that PCD Service is notified of any changes to Applicant's address as specified in this Section.
  13. Entire agreement

    1. This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings, and all other communications between the parties with respect to such subject matter, excluding the PCD Service Terms of Service and the PCD Service Privacy Policy.
  14. General

    1. The Agreement and the relationship between Applicant and PCD Service are governed by the laws of the state of Tennessee, U.S.A., without regard to that state's conflict of laws rules. Applicant and PCD Service hereby submit to the personal and exclusive jurisdiction of the Superior Court of the State of Tennessee or the United States District Court for the District of Tennessee for the resolution of disputes arising from or in connection with this Agreement. PCD Service's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of Goods does not apply to this Agreement. Applicant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or to the Agreement must be filed in the Superior Court of the State of Tennessee or the United States District Court for the District of Tennessee within one (1) calendar year after such claim or cause of action arose or be forever barred.
    2. The section titles in the Agreement are for convenience only and have no legal or contractual effect.