Terms of Service Agreement
SECTION 1 - OVERVIEW
This website is operated by Pengate Handling Systems, Inc. Throughout the site, the terms “we,” “us,” and “our” refer to Pengate. We offer this website (including all information, tools, and services available within) conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing from us, you engage in our “Service” and therefore agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms, conditions, and policies referenced herein and/or available via additional hyperlinks. These Terms of Service apply to all users of this website, including—without limitation—browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions stated in this agreement, you may not access the website or use any provided service. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms at any time by visiting this page. We reserve the right to update, change, or replace any part of these terms at any time without alerting you beforehand. It is your responsibility to check this page periodically for changes. Your continued use of or access to this website, following the posting of any changes, constitutes absolute acceptance of said changes.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content may be transferred unencrypted and involve: (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service (or any contact on the website) through which the service is provided without express, written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and therefore should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information first. Any reliance on the material on this site alone is done so at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - PRODUCTS OR SERVICES (if applicable)
We have made every effort to display the colors and images of the products that appear on this site as accurately as possible. We cannot guarantee that your computer monitor's display of any one color will be accurate.
SECTION 5 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional, third-party tools.
Any use by you of the optional tools offered through this site is entirely done at your own risk and discretion. As such, you should familiarize yourself with and approve of the terms by which said tools (from the aforementioned third-party providers) are provided.
In the future, we may also offer new services and/or features through this website (including the release of new tools and resources). Such new features and/or services shall be subject to these same Terms upon publication to this site.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products, and services available via these Terms may include materials from third parties.
Third-party links on this site may direct you to said third-party websites that are not affiliated with the Pengate brand. We are not responsible for examining or evaluating the content or accuracy of said third-party links, and we do not have any liability or responsibility for any third-party materials or websites, nor for any other materials, products, or services of third parties.
We are also not liable for any harm or damages that occur in relation to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review all third-party policies and practices to ensure you understand their Terms before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party itself.
SECTION 7 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example: contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (whether online, by email, by postal mail, or otherwise [collectively, 'comments']), you agree that we may edit, copy, publish, distribute, translate, and otherwise use at any time and without discretion any comments you forward to us in any medium. We are and shall be under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments, and/or (3) respond to any comments.
We may, but have no obligation to, monitor, edit, or remove any comments or content we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable. In other words: any user-submitted content or comments that violate any party’s intellectual property or these express Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could affect the operation of these Terms (or any related website) in any way. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third parties as to the origin of any comments. You are solely responsible for any comments you make and the accuracy of said comments. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in these Terms that contains typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and/or availability. At any time and without prior notice, we reserve the right to correct errors, inaccuracies, or omissions; change or update information; or cancel orders if any information included in these Terms (or on any related website) is inaccurate (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Terms or on any related website, including, without limitation: pricing information (except as required by law). No specified update or refresh date applied in the Terms or on any related website should be taken to indicate that all information in the Terms or on any related website has been modified or updated.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose
(b) to solicit others to perform or participate in any unlawful acts
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
(f) to submit false or misleading information
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Terms or any related website, other websites, or the Internet
(h) to collect or track the personal information of others
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape
(j) for any obscene or immoral purpose
(k) to interfere with or circumvent the security features of the Terms or any related website, other websites, or the Internet.
We reserve the right to terminate your use of these Terms or any related website for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our site will be uninterrupted, timely, secure, or error-free.
We do not warrant that any results that may be obtained from the use of this site will be accurate or reliable.
You agree that from time-to-time we may remove the site for indefinite periods of time, or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, this site is done so at your own risk. The site and all products and services delivered to you through it are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pengate Handling Systems, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including (without limitation) lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise arising from your use of any of the site or any products and services procured using the site. The same strict guidelines apply to any other claim related in any way to your use of the site or any of its products and services, including (but not limited to) errors or omissions in content or loss or damage of any kind that is incurred as a result of the use of this site or any content (or product/service) posted, transmitted, or otherwise made available within, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pengate Handling Systems and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of these Terms of Service, the documents they incorporate by reference, or your own violation of any law or rights of third parties.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
The obligations and liabilities of any party that have been incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless (and until) terminated by either you or Pengate. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision laid out in these Terms of Service, we may terminate this agreement at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may accordingly deny you access to our site (or any part thereof).
SECTION 15 - ENTIRE AGREEMENTOur failure to exercise or enforce any right or provision included in these Terms of Service shall not constitute a waiver of such right or provision.
These Terms and any other policies or operating rules we post on this site (or in respect to the site) constitutes the entire agreement and understanding between you and Pengate, and governs your use of the site and Terms, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Pengate (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3 Interchange Place, York, PA, 17406, United States.
SECTION 17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time by visiting this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or its Services following the posting of any changes to these Terms constitutes acceptance of said changes.
SECTION 18 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to Pengate Handling Systems at [email protected].