Terms & Conditions

This website is operated by PSS Store. Throughout the site, the terms “we”, “us” and “our” refer to PSS Store. PSS Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


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 of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


RETURN POLICY


The original purchaser has a period of 30 days to return a purchase, except special order items, for a full refund, less original shipping (free shipping will be charged at full rate when returning an item) and restocking fees, provided merchandise is in a new, unused, sealed, re-saleable condition and returned in the original undamaged packaging. All warranty books, instructions manuals, parts and accessories must be included inside the original box in which the item was shipped. To protect the original factory carton from any shipping damages, please place it inside another carton for return shipping.


All returns require an advance Returned Merchandise Authorization Number (RMA). Returns without an RMA number will simply be rejected and returned back to you at your cost.


When returning a purchased item, customer is responsible for all freight costs - to us as well as freight back to customer in the event of a Rejection, regardless of the original freight fees. Full acceptance of merchandise is final only after our inspection. Returned merchandise purchased with free shipping will be billed retroactively at full rate.

All eligible for return items carry a 20% re-stocking fee; special order and out-of-stock items that were pre-approved for return carry a 25% restocking fee; bulky items such as gate operators require a 25% re-stocking fee.

All returns must be received by us no later than 30 days after the date of purchase, no exceptions. Keys cannot be returned, only exchanged


Recap:

  • 30 day return policy
  • Shipping is never covered
  • Free shipping is charged retroactively
  • Must obtain an RMA
  • Restock fee on all returns
  • No returns or exchange on open boxes


SECTION 1 - ONLINE STORE TERMS


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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 by 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 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. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your 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 our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)


Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your product will look identical as the manufacturer may change design at any time nor do we guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us regardless of the reason including pricing errors. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, at our sole judgment, appear to be placed by dealers, re-sellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.


SECTION 7 - OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS


Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 9 - 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, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 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, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION


Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in the Service, that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES


In addition to other prohibitions as set forth in the 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 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 that will affect the functionality or operation of the Service or of 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; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service 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, the service is at your sole risk. The service and all products and services delivered to you through the service 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 merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall PSS Store, our 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, labor costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the 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 14 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless PSS Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 - 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 16 - TERMINATION


The obligations and liabilities of the parties 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 us. 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 of these Terms of Service, we also 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 accordingly may deny you access to our Services (or any part thereof).


SECTION 17 - WARRANTY CARE PACKAGE


Unless you've purchased a separate "Warranty Care Package" from us, all warranty issues including defective merchandise must be directed to and handled by the original manufacturer. If you would like to hire us to act as an intermediary there is a minimum $99 processing fee when this service is available see: https://www.pssstore.net/products/warranty-repair.


For your knowledge: Only inner parts of your gate opener are covered, they cannot be sent for repair as a whole unit. We cannot act as warranty broker for accessories such as remotes, receivers, photo-eyes, loops etc - you will have to contact the manufacturer for those


All shipping charges are your responsibility


SECTION 18 - SHIPPING POLICY


Most orders are shipped the same or OUR next BUSINESS day via UPS Ground, no signature needed. Should you require a signature please call our office to arrange for this service and pay for it as well. Larger items are shipped by common carrier (trucking company).  All shipping charges must be prepaid, no COD.

You may receive two or three packages to complete a large order. Multiple deliveries do not require any additional shipping charges.

When large items are shipped by common carrier, and should the customer provide incorrect delivery information, a residential delivery surcharge will apply for residential deliveries. Such extra charge is the responsibility of the customer and will automatically be charged to customer’s credit card. Also to remember, when common carrier is used, often times the customer is responsible for unloading the items from the truck themselves or face delivery refusal/surcharges by the freight company.


In the event a customer refuses shipment after it left our warehouse, the customer will be responsible for all freight charges to and from the shipping location as well as restocking fee, as provided by our Return Policy.

In the event a customer requests to pick up the shipment at a local freight company terminal and the customer does not pick up the shipment, the customer is responsible for the cost of shipping both to and from the freight terminal, daily storage fees and a restocking fee.


SECTION 19 - TRADEMARKS


Liftmaster® and MyQ® are registered trademarks of The Chamberlain Group, Inc. All trademarks featured or referred to within this site are the property of their respective trademark holders. Trademarks and their respective holders are in no way associated or affiliated with PSS Store or our website and are used solely for the purpose of identifying the specific products. Their use does not imply endorsement by their holders nor is it any indications of any relationship between PSS Store and the holder of said trademark.


SECTION 20 - SAFETY INFORMATION


Please refer to your gate operator’s manual and consult with the installer for additional information BEFORE you buy any product. We encourage you to download and read through the specification sheets and installation manuals of the products you intend to buy so you can get familiar with the equipment and verify that you'll purchase all the necessary safety devices in order to comply with UL325, ASTM F2200 Guidelines and your local building codes. If you cannot find an installation manual please contact our office and we will provide you with one!!!


A moving gate can cause serious injury or death! Your vehicular gate is not intended for pedestrian use. A separate pedestrian gate is required if pedestrian traffic is expected. Clearly display warning signs on both sides of your gate. Keep clear of the gate area at all times! People must be warned to stay away from all moving parts, entrapment zones and hazard or pinch points. If your gate has open rollers, be sure roller guards have been installed. Never try to operate the gate by reaching between, though, over or around the fence or gate. Make certain that all access control devices (push buttons, key switches, card Readers, etc.) Are mounted at least six Feet (6’) away from any moving part of the gate, or where they cannot be accessed by reaching through the gate. Do not permit children to play on or around a gate, and keep all controls out of their reach. Obviously this section cannot cover all possible situations because each system is designed for a specific location or use, and has a unique set of components, however this section provides important HIGHLIGHTS of two safety standards related to automatically operated gate systems. Read it and be certain this information is reviewed by those authorized to use your gate. The industry has endorsed two voluntary safety standards related to automatically operated gate systems. UL325 addresses the manufacturing and installation of gate openers and ASTM F2200 addresses the design and construction of gates for vehicular traffic that are to be automated. Owners and users must be aware of the possible hazards associated with an automatic gate system and take care to reduce the risk of injury. Be certain that the designer and qualified installer of your gate system understands and applies the UL325 and ASTM F2200 standards as they relate to your unique gate system.


Take a few minutes to inspect and test your gate system, make monthly inspection and testing a part of your regular routine. Safety is everyone’s business, make gate opener safety a habit in your home.


SECTION 21 - ASTM F2200 REQUIREMENTS


ASTM F2200 standards require that automated gates must have the following, where applicable: Covers for all exposed rollers, protective screen mesh and/or guard posts. Slide gates and the adjacent fence must not allow a 2 1/4” sphere to pass through up 48” from the ground. Gates must be prevented from falling over if disconnected from the gate opener. Swing gates with potential entrapment zones of greater than 4” to less than 16” must be protected. Swing gates must not have any protrusions on the bottom of the gate.

Please refer to ASTM F2200 for complete information


SECTION 22 - UL325 REQUIREMENTS


Ul325 compliant installations require the use of multiple entrapment protection devices that are effective while the gate is both opening and closing. Talk to your qualified installer about the entrapment protection devices recommended for your system. Some examples of these devices are:

  • Gate Sensing Edges
  • Photoelectric Sensors
  • Audio/visual Moving Gate Alarms

Please refer to UL325 guideline for complete information


SECTION 23 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 24 - 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 Ventura county, California.

SECTION 25 - CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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