TERMS OF USE

These Terms of Use govern your use of this website.  By using this website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this website. 

This website uses cookies. By using this website and agreeing to these Terms of Use, you consent to pengohome.com's use of cookies in accordance with the terms of pengohome.com's Privacy Policy and Terms of Use.

All Pengo branded websites and any other websites associated with www.pengohome.com, including but not limited to any Pengo branded social media sites, and create an agreement between you and Pengo regarding your use of these websites (collectively, “Site”), and any apps that facilitate use of the Site or any services available by Pengo on or through the Site (collectively, "Services").

We will use the following terms in these Terms of Use :“Pengo”, “we” or “us” and other grammatical variations mean Pengo, including its global subsidiaries and affiliated companies (including ). “Pengo Products” includes all Pengo apps, products and services. “Personal Information” is defined in Pengo’s Privacy Policy.

We may update these Terms of Use from time to time. If we change our Terms of Use, we will post the revised version here, with an updated revision date. If we make material changes to our Terms of Use, prominently post a notice on the Site. If any changes to these Terms of Use are adjudicated to be invalid or unenforceable, the original Terms of Use agreed to by you will continue in full force and effect.

Using the Site

Unless otherwise stated, pengohome.com and/or its licensors own the intellectual property rights in the website and material on the website.  All these intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages, user manuals, or other product information from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

You should not:

  • Republish material, sell, rent or sub-license material from the website

  • Show any material from the website in public

  • Reproduce, duplicate, copy or otherwise exploit material on this website for commercial purposes.

  • Edit or modify any material on the website

  • Redistribute material from this website except for content specifically and expressly made available for redistribution


Third Party and Social Media Linked Sites

We include links to websites operated by third parties on or through the Site and Services.  Once you leave the Site and Services, your activities are governed by the terms of use and privacy policies of the third party site.  Pengo is not responsible for the terms of use, privacy practices or the content of these sites, and we encourage you to carefully read the terms of use and privacy policies of any website you visit.

Products and Services availability

Although the Site is accessible worldwide, not all Pengo Products and Services provided or accessed through or on the Site will be available in your country.  Pengo may, in its sole discretion, limit the provision and quantity of any feature, product or Service to any person or geographic area.  Any offer for or of any feature, product or Service made on the Site is void where prohibited.  Please contact your local sales representative for information as to Pengo Products and Services available in your country or contact us directly.   However, you remain bound by these Terms of Use wherever you access or use the Site or the Services.

We attempts to be as accurate as possible, but we do not warranty that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free.

Privacy, Data, and Information

Please refer to Pengo’s privacy policy and Pengo’s privacy practices.

Pengo Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, documentation and computer code (collectively, “Pengo Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Pengo Content, contained in and on the Site or as part of any Service is owned or controlled by Pengo, or licensed by or to Pengo, and is protected by trade dress, copyright, patent, and trademark laws in the United States and other countries, and various other intellectual property rights.

You cannot use, copy, modify, publish, post, publicly display or publicly perform (whether by means of a digital, audio or video transmission), encode, translate, distribute or disseminate any Pengo Content through any method or medium, without Pengo’s prior written agreement. You may, however, use Pengo Content, as long as it is for your own personal non-commercial use, except as otherwise provided in these Terms of Use.
Our content is for general informational purposes only: Although we have a great deal of information related to professional topics, including technical and legal, this content is presented for general informational purposes only.  It should not be taken as professional advice.  Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained in one of the Project websites.

Indemnity

You agree to indemnify and hold Pengo and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your violation of these Terms of Use.  Pengo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pengo and you agree to cooperate with our defense of such claims.  You agree not to settle any such claim without Pengo’s prior written consent.  Pengo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

No Warranties

This website is provided "as is" without any representations or warranties, express or implied.  Pengohome.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, pengohome.com does not warrant that:

  • This website will be constantly available, or available at all; or

  • The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

General Exclusions and Limitations of Liability

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit pengohome.com's liability in respect of any:

  • Death or personal injury caused by pengohome.com's negligence

  • Fraud or fraudulent misrepresentation on the part of pengohome.com

  • Matter which it would be illegal or unlawful for pengohome.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

pengohome.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss

  • For any indirect, special or consequential loss

  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if pengohome.com has been expressly advised of the potential loss.

Legal Proceedings

Pengo is not responsible and will not be liable to you or any others for any loss or damages due to your misuse of the Site or Services. You also understand that if you do not comply with these Terms of Use (whether knowingly or unknowingly), such non-compliance may result in action being taken against you, including but not limited to claims for compensation by Pengo and other aggrieved parties, or civil and/or criminal prosecution.

Pengo will be irreparably harmed if you violate any of these Terms of Use, for which monetary damages would be inadequate, and you agree that Pengo may obtain such injunctive or equitable relief that Pengo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Pengo may have at law or in equity.

These Terms of Use will be governed by and construed in accordance with US law, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of Houston.

Other Important Legal Terms

Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." As to Pengo’s Marks and the Marks of its suppliers, the Mark owner retains ownership of all proprietary rights in all its Marks associated or displayed on the Site or with the Services. You may not frame or utilize framing techniques to enclose any Pengo Marks, or other proprietary information (including images, text, page layout, or form) of Pengo without Pengo’s express written consent. You may not use any meta tags or any other "hidden text" utilizing Pengo’s Marks without Pengo’s express written consent.

You acknowledge and agree that any translation of the English language version of these Terms of Use is provided for your convenience only, and that the English language version of these Terms of Use will take precedence over the translation in the event of any contradiction between them.

These Terms of Use, including the documents referred to in these Terms of Use, are the entire agreement regarding the Site and Services and completely replace any prior agreements.

Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.

Pengo may assign or delegate its obligations under these Terms of Use either in whole or in part, without your prior consent. You may not assign these Terms of Use without Pengo’s prior written consent.

If for any reason a provision of these Terms of Use is invalid, the remaining provisions will continue to be valid and enforceable.

Pengo and many product names and logos are trademarks of the Pengo group of companies. Third-party trademarks mentioned are the property of their respective owners.

Changes to Our Terms of Use

If we decide to change our Terms of Use, we will update the Terms of Use modification date below.
Last Modified:  1/1/2018

Contact Us

If you have any questions about our Terms of Use, please contact us.

Copyright © 2018 Pengo Technology.  All rights reserved.