Internet Access to Reports
We maintain an Internet
website, www.pfsweb.com. Our annual reports on Form 10-K, quarterly
reports on Form 10-Q, and current reports on Form 8-K (and amendments, if any, to those reports
filed or furnished pursuant to Section 13(a) or 15(d) of the Securities Exchange Act of 1934) are
made available, free of charge, through the investor relations section of this website as soon as
reasonably practicable after we electronically file such material, or furnish it to the Securities
and Exchange Commission. We also maintain an Internet website for our online discount retailer,
www.ecost.com. The information on these websites is not incorporated in this report.
Government Regulation
We are subject to federal, state, local and foreign consumer protection laws, including laws
protecting the privacy of our customers personally identifiable information and other non-public
information and regulations prohibiting unfair and deceptive trade practices. Furthermore, the
growth and demand for online commerce has and may continue to result in more stringent consumer
protection laws that impose additional compliance burdens and greater penalties on online
companies. Moreover, there is a trend toward regulations requiring companies to provide consumers
with greater information regarding, and greater control over, how their personal data is used, and
requiring notification where unauthorized access to such data occurs. For example, many states
currently require us to notify each of our customers who are affected by any data security breach
in which an unauthorized person, such as a computer hacker, obtains such customers name and one or
more of the customers social security number, drivers license number, credit or debit card number
or other similar personal information. In addition, several jurisdictions, including foreign
countries, have adopted privacy-related laws that restrict or prohibit unsolicited email
promotions, commonly known as spam, and that impose significant monetary and other penalties for
violations. One such law, the CAN-SPAM Act of 2003, became effective in the United States on
January 1, 2004 and imposes complex, burdensome and often ambiguous requirements in connection with
our sending commercial email to our customers and potential customers. Moreover, in an effort to
comply with these laws, Internet service providers may increasingly block legitimate marketing
emails. These consumer protection laws may become more stringent in the future and could result in
substantial compliance costs and could interfere with the conduct of our business.
We collect sales or other similar taxes for shipments of goods in certain states. One or more
local, state or foreign jurisdictions may seek to impose sales tax collection obligations on us and
other out-of-state companies that engage in online commerce. If sales tax obligations are
successfully imposed upon us by a state or other jurisdiction, we could be exposed to substantial
tax liabilities for past sales and fines and penalties for failure to collect sales taxes and we
could suffer decreased sales in that state or jurisdiction as the effective cost of purchasing
goods from us increases for those residing in that state or jurisdiction. In addition, new
legislation or regulation, the application of laws and regulations from jurisdictions whose laws do
not currently apply to our business or the application of existing laws and regulations to the
Internet and commercial online services could result in significant additional taxes or regulatory
restrictions on our business. These taxes could have an adverse effect on our cash flows and
results of operations. Furthermore, there is a possibility that we may be subject to significant
fines or other payments for any past failures to comply with these requirements.
Our business, financial condition and operating results could be adversely affected by any or
all of the following factors, in which event the trading price of our common stock could decline,
and you could lose part or all of your investment.
Risks Related to All Our Business Segments
Our business and future growth depend on our continued access to bank and commercial financing. An
uncertain or recessed economy may negatively impact our business, results of operations, financial
condition or liquidity.
During the past two years, the credit markets and the financial services industry have been
experiencing a period of unprecedented turmoil and upheaval characterized by the bankruptcy,
failure, collapse or sale of various financial
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