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PipeOrder.com Customer Access Request Form

Thank you for your interest in the ADS Pipeline Customer Self-Service tools.

Please complete the following customer access enrollment form. Once the form has been completed, review the PipeOrder.com online access agreement "Terms & Conditions". By checking the "I ACCEPT" box below, you are acknowledging that you have read and agree to the terms and conditions.

Note: New Accounts may take up to 72 hours to set-up.

PipeOrder.com Customer Access Request



Indicates a required field.

PLEASE NOTE:
If no User ID is requested, one will be assigned to you.

Your requested User ID should be between 5 to 30 characters.

Terms & Conditions:

Advanced Drainage Systems, Inc.

www.ads-pipe.com/pipeline

Online Access Agreement

IMPORTANT:

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PIPELINE. THIS DOCUMENT STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THIS WEB SITE, WHICH IS OWNED BY ADVANCED DRAINAGE SYSTEMS, INC. ("ADS"). YOU MANIFEST YOUR INTENT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING ON THE "ACCEPT" BUTTON, OR OTHERWISE ACCESSING OR USING THE PIPELINE. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ATTEMPT TO ENTER OR USE THE PIPELINE, AND CLICK THE "REJECT" BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR OTHERWISE ACCESS THE PIPELINE. ADS WILL PERMIT YOU TO USE OR ACCESS THE PIPELINE ONLY IF YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE PRINT A HARD COPY OF THIS AGREEMENT FOR YOUR FUTURE REFERENCE.

1. DEFINITIONS.
When used in this Agreement, the following terms shall have the respective meanings indicated below. Defined terms may be used both in the singular and plural forms throughout this Agreement as appropriate for the context in which they are used.
  1. "Commencement Date" means the first date Users have access to the Pipeline.
  2. "Confidential Information" has the meaning set forth in Section 6(a).
  3. "Pipeline" means the Internet-based system developed by ADS for the purpose of ADS Customer Self Service.
  4. "Sponsor" means the person who has distributed a Password to you so that you can access and use the Pipeline.
  5. "Intellectual Property" means all U.S. and foreign patents, patent applications, registered and common law trademarks and service marks and any applications therefor, domain names, trade secrets, know-how, copyrights and any other proprietary rights in and to the subject matter of such rights.
  6. "Password" means a user name and password distributed either by ADS or a Sponsor to User(s) that permits User(s) to access and use the Pipeline.
  7. "User" means a person authorized by either ADS or a Sponsor to use the Pipeline.
2. LICENSE AND USE RESTRICTIONS.
  1. License.
    Subject to the terms and conditions of this Agreement, ADS hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Pipeline for business purposes only with your current registered employer; provided that you are a User and have been assigned a valid Password by ADS or your Sponsor. You may only access and use the Pipeline with a valid Password. You or your Sponsor shall provide and maintain your Internet access and all necessary telecommunications equipment, software and other materials needed for accessing and using the Pipeline.
  2. Restrictions on Use.
    You agree that you will not, nor will you permit others to:
    1. reverse engineer, decompile or disassemble the Pipeline, or any part thereof, or otherwise attempt to discover the source code of the software which runs the Pipeline, or any part thereof;
    2. sell, rent, lease, license, sublicense, transfer, distribute, time-share or otherwise assign to any third party access or use to the Pipeline, or any part thereof; or
    3. hack or otherwise attempt to gain unauthorized access to any part of the Pipeline.
  3. Security.
    Prior to first use, ADS will establish your Password and distribute it to you or your Sponsor. During your first use of the Pipeline, you are required to enter the Password provided to you by ADS or your Sponsor. You may change the password to a code of your choice. The code that you create will become your Password and you will need this Password each time you gain access to The Pipeline. You agree to keep the Password confidential (in a secure location and separate from your software) to prevent unauthorized access to your account and to prevent unauthorized use of the Pipeline. You agree to notify your Sponsor and/or ADS immediately if the secrecy of your Password is compromised and you also agree not to reveal your Password to any person not authorized by you to access your account. The security of your account will be compromised if you do not protect the secrecy of your Password. If you believe that the secrecy of your Password has been compromised, you should contact your Sponsor and/or ADS AT ONCE, and you should change your password by selecting the appropriate option on the Pipeline. If deemed necessary, your Password may be revoked or canceled at any time without giving you prior notice. If you forget your Password, you must contact your Sponsor and/or ADS to possibly have a new Password issued to you. It will take several days before you receive a new Password.
  4. User Responsibility.
    By accepting this Agreement on-line, you agree that:
    1. this Agreement is deemed accepted and signed by you personally and by your employer and will become a binding legal obligation;
    2. if you click "I ACCEPT" without actually reading or printing this Agreement, you are nevertheless legally bound; and
    3. you are a corporate officer of or an authorized and empowered representative of the company identified in the registration process to obtain your Password. You and your Sponsor are responsible for all usage you authorize to the Pipeline. You may not permit anyone else to use your Password to access your ADS Pipeline account. If you permit other persons to use the Pipeline with your Password, you are responsible for any transactions they authorize. You should notify your Sponsor and/or ADS AT ONCE if you believe any of your accounts have been accessed or your Password has been obtained by someone or used without your permission. Contacting your Sponsor and/or ADS right away will help you reduce possible losses.
  5. Ownership.
    As between the parties, ADS owns all Intellectual Property rights in and to the Pipeline and you gain no right, title or interest in and to the Pipeline by virtue of this Agreement other than the limited licenses granted herein.
  6. Compliance with Law.
    User shall not use the Pipeline for any unlawful purposes. User shall comply with all applicable laws and regulations in connection with using the Pipeline, and any instructions, user manuals or documentation relating to the proper use of the Pipeline as provided by ADS or your Sponsor.
  7. Reasonable Reliance on Instructions and Information.
    User represents and warrants that (s)he has all appropriate authority to provide information and instructions to ADS through the Pipeline and that ADS may reasonable rely on all information and instructions provided to it by User using the Pipeline.
3. NO WARRANTIES.
THE PIPELINE IS PROVIDED "AS IS" WITH ALL FAULTS AND NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND/OR QUALITY OF SERVICE. ADS DOES NOT WARRANT THAT THE PIPELINE MEETS YOUR OR ANY THIRD PARTY'S REQUIREMENTS, OR THAT THE PIPELINE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, WEB-SITES OR DATA NOT PROVIDED BY ADS, OR THAT THE OPERATION OF PIPELINE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. ADS DOES NOT WARRANT OR MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PIPELINE, OR ANY PART THEREOF, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. USE OF THE PIPELINE IS ENTIRELY AT YOUR RISK. SOME STATES LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU
4. INDEMNITY.
You shall indemnify ADS, its officers, directors, employees and agents, from and against any and all claims, liabilities, and costs, including reasonable legal and accounting fees, reasonably incurred in the defense of any claim or suit arising out of your use of the Pipeline or otherwise related to this Agreement, including without limitation, any breach or alleged breach by you of this Agreement. ADS reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
5. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ADS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF ADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES LIMIT OR DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE EXCLUSION OF CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU
6. CONFIDENTIALITY.
  1. Confidential Information.
    User agrees that information or materials viewed, used, accessed or acquired from ADS in connection with the performance of either party's duties under this Agreement and which is:
    1. designated as proprietary and/or confidential; or
    2. valuable by virtue of not being generally known in the relevant trade or industry ("Confidential Information"), is owned exclusively by ADS.
  2. Duty.
    User agrees:
    1. to hold Confidential Information in the strictest confidence;
    2. not to make use of or reproduce Confidential Information (other than to perform its obligations hereunder);
    3. to disclose the Confidential Information to only those persons who have a need to know it; and
    4. to require persons to whom such Confidential Information has been disclosed to protect Confidential Information in a manner commensurate with this Section 6(b).
  3. Exceptions.
    The obligations of Section 6(b) will not apply to protect information or material when the User can demonstrate that through no wrongdoing on its part, the information or material:
    1. has come into its possession without restriction as to confidentiality;
    2. was generally known to the public at the time User acquired it or became so thereafter;
    3. was independently developed by the User without regard to Confidential Information; or
    4. was required to be disclosed by the User due to a court order, subpoena or similar process (as long as upon learning of the disclosure requirement, the User promptly notifies ADS).
  4. User Submissions.
    ADS welcomes your comments on the Pipeline. However, you acknowledge that if you send ADS creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the "Information"), the Information shall be deemed, and shall remain ADS' property. Generally, any communication which you post to the Pipeline or transmit to ADS over the Internet is considered to be, and will be treated as, non-confidential. If particular Web pages on the Pipeline permit the submission of communications that will be treated by ADS as confidential, that fact will be clearly stated on those pages. Without limitation of the foregoing, by submission of any Information to ADS, you assign to ADS and ADS shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
  5. User Communications.
    As a User of the Pipeline, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do no do any of the following things: transmit to ADS material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them and are willing to compromise the integrity of the trade secret; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; send sexually-explicit images or messages; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person. ADS reserves the right to expel Users and prevent their further access to the Pipeline or any ADS Web Site for violating these terms or the law and reserves the right to remove any communication from the Pipeline.
  6. Injunctive Relief.
    The parties each agree that any breach or alleged breach of the restrictions contained in this Section 6 shall constitute a material breach of the Agreement and will cause irreparable harm to the non-breaching party entitling such non-breaching party to seek immediate injunctive relief in addition to seeking all other applicable legal and equitable remedies.
7. TERM AND TERMINATION
  1. Term.
    The term of this Agreement shall begin on the date that you receive a Password (but in no event prior to the Commencement Date) and shall continue in effect until such time as the earlier of the following:
    1. your Password is revoked for any reason, with or without cause, by your Sponsor or ADS;
    2. you breach or threaten to breach any of the terms and conditions contained herein;
    3. your agreement with ADS expires or terminates for any reason; or
    4. ADS provides you with notice that it is terminating this Agreement (with or without cause)
  2. Effect of Termination.
    Upon termination of this Agreement for any reason,
    1. all licenses granted hereunder shall terminate effective immediately,
    2. ADS shall immediately cease providing you with access to the Pipeline; and
    3. you shall return or destroy, at ADS' option, all Confidential Information disclosed to you during the term of this Agreement.
  3. Remedies.
    Termination of this Agreement shall be in addition to any other right or remedy which the terminating party may have either at law or in equity or under this Agreement and shall not release either party from its obligation to pay to the other all fees that shall have accrued prior to such termination. No right or remedy given to a party on the breach of any provision of this Agreement is intended by the parties to be exclusive; each shall be cumulative and in addition to any other remedy provided in this Agreement or otherwise available at law or in equity.
  4. Survival.
    Provisions that by their nature reasonably should be interpreted to survive, shall survive the expiration or earlier termination of this Agreement for any reason, including Sections 2(e), 3, 4, 5, 6, 7(b) and 8.
8. GENERAL PROVISIONS.
  1. Governing Law.
    This Agreement and all matters arising out of or otherwise relating to this Agreement shall be governed by the laws of the State of Ohio, excluding its conflict of laws provisions. The parties hereby agree to submit to the jurisdiction of the state and federal courts of competent jurisdiction located in the State of Ohio. Exclusive venue for any litigation between the parties (as permitted under Section 8(b) below) shall be with the state or federal courts of competent jurisdiction located in Columbus, Ohio.
  2. Arbitration.
    If there is any dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing rules for arbitration of the American Arbitration Association. The arbitration shall be conducted in Columbus, Ohio, and conducted by a single arbitrator, knowledgeable in the software industry. The arbitrator shall issue a written opinion summarizing the relevant facts and governing law and shall have the authority to fashion any remedy available to the injured party under law, equity, or this Agreement; but shall have no authority to join parties, certify a class action, award any punitive or exemplary damages, or vary or ignore the terms of this Agreement, and shall be bound by governing and applicable law. This Section shall not apply to any breach or alleged breach of Sections 2 or 6.
  3. Assignment.
    You may not assign or transfer your rights or obligations under this Agreement (including, but not limited to the Password assigned to you by your Sponsor or ADS) without ADS' prior written consent, which consent may be granted or denied at ADS' sole discretion.
  4. No Third Party Beneficiaries.
    Each party agrees that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
  5. Severability; Waiver
    In the event any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
  6. Complete Agreement.
    This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Except as otherwise provided, no amendment to or modification of this Agreement will be binding unless in writing and accepted by a duly authorized representative of both parties.
  7. Compliance With U.S. Export Laws.
    This Web Site originates from Hilliard, Ohio. ADS does not claim that the materials on this Web Site are appropriate or may be used outside the United States. Access to the Pipeline may not be legal by certain persons or in certain countries. If you access the Pipeline from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. User acknowledges that the Pipeline and any other technical data may be subject to export controls imposed by the U.S. Export Administration Act of 1979, as amended (the "Act"), and the regulations promulgated thereunder. User shall not export or re-export (directly or indirectly) the Pipeline or any other technical data therefor without complying with the Act and any regulations thereunder.
  8. Government Rights.
    The Pipeline has been developed at private expense and is "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to:
    1. grant any government agency any license or other rights greater than is mandated by statute or regulation for commercial computer software developed entirely at private expense, or
    2. restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
  9. Force Majeure.
    Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including but not limited to any acts of war, terrorism, acts of God, earthquake, fire, flood, hurricane, tropical storm, tornado, embargo, riot, sabotage, strikes, labor shortage or dispute, acts of civil or military authority, failure to obtain export licenses or shortages of transportation, facilities, fuel, energy, electricity, gas, labor or materials, or any telecommunications, computer, or software failure (collectively, a "Force Majeure Event"), provided that the delayed party:
    1. gives the other party prompt notice of such Force Majeure Event and
    2. uses commercially reasonable efforts to resume performance after expiration of the applicable Force Majeure Event.
Accept
I ACCEPT – I have read and agree with the Terms & Conditions.