Terms of Service

Last updated: October 18, 2022

This Terms of Service (“Terms”) is a statement of rules and a contract between Prince Electric Corp. (d/b/a Pelco Parts) (“Pelco”), the “Company”, “us”, “we”, or “our”) and visitors to our website. All visitors to our website must agree to abide by in order to use our services. Users are individuals who visit the Pelco website ("Visitor(s)", "you", or "your"). These Terms were created and prepared by Pelco. Please read the Terms carefully before providing any information to Pelco. The website is hereby referred to as the “Pelco Website” or “Website”.  

By visiting the Website, you agree to these Terms, as updated from time to time by Pelco. If Pelco makes changes to the Terms, we will notify you of the change as described below under “Additional Terms”. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Website. Continuing to use and visit the Website following notice of the changes to these Terms, constitutes your acceptance of our amended terms, policies or guidelines.

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms, and any terms, policies, or guidelines. These Terms apply to any individual or business that accesses or uses Pelco Services (the “User”). By accessing the Website, you agree to be bound by these Terms.

IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST EXIT THE PELCO WEBSITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION. 

Pelco hereby incorporates by reference any additional terms, conditions and privacy notices to these Terms as if set forth fully herein. Please be aware that information, pricing, etc.,  provided by Pelco on the Website may change from time to time, and depending on the change, it may or may not alter the terms of the Terms.

 

Introduction

Welcome to Pelco. Pelco is a distributor of parts for refrigeration and cooking equipment (“Products”). These Terms and the Privacy Notice apply to all Users regardless of whether they are an individual or business.

These Terms govern all access to our Website. By accessing or using the Website, the User agrees to be bound by these Terms as if these Terms were signed by the User in ink on a hard-copy agreement.

Should the User encounter any bugs, glitches or other forms of troubleshooting related issues, please contact us at kieran@pelcoparts.com

The remainder of these Terms is intended to act as a contract between Pelco and all visitors to the Website. The terms, restrictions, disclaimers, and other legal notifications will affect the way the Users accesses and uses the Website.The Terms do not affect, nor are they intended to alter any contract Pelco may have with a purchaser of our Products

 

Rules of User Conduct

When visiting Pelco’s Website, you agree to these Terms and to strictly observe the following rules of conduct (“Rules of Conduct”) you therefore agree to: 

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
• Provide accurate information so that Pelco may contact you as necessary. 
• Update your information with us as necessary so that we can continue to provide the Products to you. 
• Review and comply with our Privacy Policy and these Terms. 
• Review and comply with notices sent by us concerning the Products.

In using the Website, you also agree that you WILL NOT: 

• Include, or try to include information in the contact form, except in designated fields, that reveals any personal information. Do not give Pelco any information beyond what we ask. 
• Use any information, data or content you view or obtain from the Website, including all logos or Website content language to provide any services that are competitive with us. 
• Use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any part of the Website. 
• Access the Website for purposes of monitoring its availability, performance or functionality, or for any competitive purpose. 
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website. 
• Override any security component included in or underlying the Website. 
• Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses. 
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Website, including any of our notices or notices of our licensors, or any notices of any other users (for more information, see below under “Ownership and Copyright Notice”). 
• Collect, use or transfer any information, including any Personal Information, obtained from the Website, except as expressly permitted in the Terms or as the patient may expressly permit in writing.
• Interfere with or disrupt the Website, including but not limited to any servers or networks connected to the Website. 
• Infringe or use the Website or our brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL. 
• Include information through the Website that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresents your affiliations with a person or entity, past or present.
• Engage in unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.  
• Add to a data field any information that is not intended for such a field (i.e., submitting an email address in the “title” or any field other than a field requesting an email address).
• Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including without limitation any insider information, proprietary information or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements. 
• Attempt to upload or download any software viruses, worms, or any other computer code, files or programs that interrupt, destroy, erase or limit the functionality of any computer software or hardware or telecommunications equipment. 

 

Disclaimers, No Representations or Warranties

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON THE WEBSITE, OR ANY CONTENT OR INFORMATION ON OR IN THE WEBSITE. WE PROVIDE THE WEBSITE AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ANYTHING RELATED TO THE WEBSITE, YOU MAY STOP USING THE WEBSITE AS FURTHER STATED IN THE TERMINATION PROVISION BELOW. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. WE NEITHER WARRANT NOR REPRESENT THAT USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

WE DO NOT GUARANTEE THAT THE WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE WEBSITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE USERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY COMPUTER HOSTING THE WEBSITE, ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL PARTICLES.

UNDER NO CIRCUMSTANCES IS PELCO RESPONSIBLE IN ANY WAY FOR THE INFORMATION POSTED BY USERS OR THIRD PARTIES NOT UNDER THE DIRECT CONTROL OF PELCO. BY ACCESSING AND/OR USING THE WEBSITE, YOU EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK AS TO THE QUALITY AND/OR PERFORMANCE OF THE WEBSITE.

YOU AGREE AND UNDERSTAND THAT YOU ARE FULLY AND COMPLETELY ASSUMING THE RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY FILE WHEN USING THE CONTENTS OF THE WEBSITE, ANY MATERIAL CONTAINED THEREIN AND/OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE.

 

Limitation of Liability and Indemnification

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOU AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL PELCO BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO YOUR RELIANCE ON ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE. YOU ASSUME FULL RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE.

NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, OR DIRECTORS (“PELCO AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE OF GOODS PURCHASED, IF ANY, PAID BY YOU TO PELCO DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $10, WHICHEVER AMOUNT IS GREATER.

NEITHER PELCO NOR ANY PELCO AFFILIATE SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY), SHALL PELCO, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

PELCO SHALL NOT BE LIABLE FOR DATA PROTECTION LOSSES (HOWSOEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER OR IN CONNECTION WITH THIS POLICY UNLESS SUCH DATA PROTECTION LOSSES ARE CAUSED BY THE PROCESSING OF PERSONAL DATA UNDER THIS POLICY AND THE LOSS IS SOLELY AND DIRECTLY A RESULT OF A BREACH OF THIS POLICY.

IN NO CIRCUMSTANCES WILL PELCO BE LIABLE FOR ANY DATA PROTECTION LOSSES (OR THE CIRCUMSTANCES GIVING RISE TO THEM) IF THOSE LOSSES ARE CONTRIBUTED TO OR CAUSED BY THE USER OR BY THE ANY BREACH OF THIS POLICY BY THE USER, OR CAUSED BY AN INDIVIDUAL NOT UNDER THE DIRECT CONTROL OF PELCO.

FOR THE AVOIDANCE OF DOUBT, THE LIABILITY CAP AND LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS AGREEMENT APPLY SO AS TO LIMIT AND EXCLUDE THE LIABILITY OF PELCO. YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO CEASE VISITING THE WEBSITE.

BY ACCESSING THE WEBSITE YOU AGREE TO MAKE PELCO, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND STRATEGIC PARTNERS WHOLE FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, REGULATORY FINES/PENALTIES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM AND RELATED TO THE WEBSITE OR ANY VIOLATION OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. YOU AGREE TO PAY REASONABLE ATTORNEYS FEES RELATED TO PELCO FOR THE ENFORCEMENT OF ANY PROVISION OF THESE TERMS.

 

Ownership and Copyright Notice

Pelco claims a copyright in all proprietary and copyrightable text, graphics and computer code on the Website, including, but not limited, the location and arrangement of the Pelco created materials on the Website. Pelco also claims a copyright in all proprietary and copyrightable text, graphics and computer code associated with the Website. This claim includes and extends to all information contained in the public domain of the Website, logos, servicemarks, trademarks, trade names, and trade dress (whether registered or unregistered) that appear on the Website are proprietary to Pelco and its owners.

 

Additional Terms

Entire Agreement: These Terms, together with the Privacy Notice, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between User and Pelco, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Notice.

Amendments to these Terms: We reserve the right to modify, supplement, or replace these Terms, effective upon no less than thirty (30) days prior written notice. Pelco may change these Terms from time-to-time. You should review the Terms when you visit the Website. Your continued presence on the Website after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you must leave the Website. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.

No Informal Waivers, Agreements or Representations: Any failure by any party to act with respect to a breach of these Terms by the User or others does not waive any right to act with respect to that breach or any subsequent breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by any party, Pelco or its Affiliates shall be deemed legally binding on the other party or its Affiliates, unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms, and that an authorized officer of Pelco has executed physically or electronically.

 

Choice of Law/Governing Law and Arbitration Clause

These Terms and any action related thereto will be governed by the law of New York, and the federal laws of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, their performance, or the Service shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. The language of the arbitration shall be English.

To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court or other tribunal of competent jurisdiction.

Proceedings will be conducted on an individual basis. Neither the User nor Pelco may seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.

 

Severability

If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.

 

How to contact us

If you have any questions regarding this Terms of Service please contact us at the information provided below.  We will keep a copy of your message until we have had an opportunity to address your concern. We may archive your message for a certain period of time or discard it, but its email address will not be used for any other purpose.

Pelco
Prince Electric Corp.

130-07 26th Avenue 

Flushing, NY 11354

kieran@pelcoparts.com