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Terms

Agreement Between User and PanelRak.com

Welcome to PanelRak.com. The PanelRak.com website (the "Site") is comprised of various web pages operated by Food Concepts, Inc. ("FCI"). PanelRak.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of PanelRak.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

PanelRak.com is an e-commerce site.

Privacy

Your use of PanelRak.com is subject to FCI's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting PanelRak.com or sending emails to FCI's constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FCI is not responsible for third party access to your account that results from theft or misappropriation of your account. FCI and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

FCI does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use PanelRak.com only with permission of a parent or guardian.

Payment Methods

Credit cards are accepted; for certain users, Purchase Order information can be applied at checkout.

Cancellation/Refund Policy

Returns. If a product you receive is damaged, defective, or the wrong item, please call (800) 419-9324 or email customerservice@foodpros.com to notify us of the issue. We will respond within 24 hours with return instructions.

Warranty

PanelRak® products come with a one year warranty from purchase date. Food Concepts customer service will gladly assist customers with with warranty issues as they arise. 

You may purchase replacement components for items that are out of warranty.

Links to Third Party Sites/Third Party Services

PanelRak.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FCI and FCI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FCI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FCI of the site or any association with its operators.

Certain services made available via PanelRak.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the PanelRak.com domain, you hereby acknowledge and consent that FCI may share such information and data with any third party with whom FCI has a contractual relationship to provide the requested product, service or functionality on behalf of PanelRak.com users and customers.

International Users

The Service is controlled, operated and administered by FCI from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the FCI Content accessed through PanelRak.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless FCI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FCI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FCI in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FOOD CONCEPTS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOOD CONCEPTS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOOD CONCEPTS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Food Concepts, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FCI as a result of this agreement or use of the Site. FCI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FCI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FCI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FCI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FCI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

FCI reserves the right, in its sole discretion, to change the Terms under which PanelRak.com is offered. The most current version of the Terms will supersede all previous versions. FCI encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Food Concepts welcomes your questions or comments regarding the Terms:

Food Concepts, Inc.
2551 Parmenter Street
Middleton, Wisconsin 53562

Email Address:
customerservice@foodpros.com

Telephone number:
800-419-9324

Effective as of 30 August 2023.