Terms of Use

These are the Terms of Use, effective June 1, 2013, upon which we offer you information, services and products through our websites. Our websites are run for and by the businesses of the Paul B. Zimmerman, Inc. family of companies. By using any of our websites, you are agreeing to these Terms of Use. We reserve the right to modify, amend or restate these Terms of Use from time to time with or without giving you prior notice. All of the content on our websites is either owned by us, or used by permission. You agree to take reasonable measures to assist us in protecting our proprietary rights to our websites and content, including complying with all reasonable written request that we would make to protect our statutory or common law rights. You agree to promptly notify us in writing if you become aware of any unauthorized access or use of our websites by any party that would infringe upon copyright, trademark, statutory, contractual or common law rights that we have. You further agree to all the below provisions in these Terms of Use. If you do not agree to these Terms of Use, do not use our websites.

1. Prohibitions. You are prohibited from using our websites in any way contrary to these Terms of Use, or in violation of law. You are prohibited from interfering with or disrupting this website, our operations, and our network that supports our websites. You are prohibited from using our websites for your own commercial use, resale, or duplication of its information or services. You are prohibited from copying, reproducing, recompiling, de-compiling, disassembling, reverse engineering, distributing, republishing, off-line displaying, performing, modifying or otherwise creating derivative works from any part of our websites without our express written permission in advance. Provided, however, that you may download material from our websites and make a single printed copy for your own personal noncommercial use provided that you prominently disclaim ownership of that and retain all relevant copyright and other proprietary notices that we have stated. You are prohibited from using, transferring, distributing or disposing of any information contained in our websites in any manner that would compete with the businesses run by the Paul B. Zimmerman, Inc. family of companies. You are prohibited from using any of our trademarks, trade names or service marks in any manner that creates an impression that those belong to or are associated with you or are used with our consent, unless you have received written permission from us in advance. You are prohibited from sending spam or other unsolicited mailings to any person or entity using our websites.
2. Proprietary Content. Our websites contain material which is derived in whole or in part from information and materials created or supplied by us or our affiliates. Our websites, including but not limited to its’ text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, international treaties and other proprietary rights laws of the United States and other countries. The intellectual property contained in that content is also protected as a collective work or compilation under US copyright law. All individual articles, information and other created elements making up our websites are also copyrighted works. Please respect our copyrights in our proprietary materials.
3. Limited License. You may view and use our websites in accordance with these Terms of Use, but you otherwise acquire no rights or licenses in or to the materials and services contained at our websites. You may download content from our websites only for your own personal, noncommercial use in accordance with these Terms of Use.
4. Rights Reserved. All present and future rights in and to the content of our websites are and remain our sole and exclusive property. Except as specifically permitted by these Terms of Use, you may not copy or make any use of our websites or any portion of them, nor may you use our trademarks, trade names, trademarks, logos or titles appearing at our websites, for any purpose, without our prior written approval.
5. NO WARRANTY FOR WEBSITE CONTENT. The materials and information provided at our websites may include technical inaccuracies, typographical errors, or omissions of necessary information.
   1. We reserve the right to change or improve our websites at any time.
   2. WE PROVIDE OUR WEBSITES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF OR RESULT OF THE USE OF OUR WEBSITES AS TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE AFOREMENTIONED EXCLUSIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
   3. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES AT OUR WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
   4. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION ARISING FROM SUCH DAMAGE.
6. Manufacturer’s Warranties. When you order items from us, they may be subject to manufacturer’s warranties. To obtain warranty service on items warrantied by a manufacturer, please contact the manufacturer. Please also note that the item may qualify for return to us (see RETURNS section in these Terms of Use).
7. Orders. You may choose to create an account in order to order items from any of our websites. If you create an account, and/or place an order, we require you to enter your customer information.
   1. We take steps to protect your personally identifiable information and maintain your privacy (please see our Privacy Policy).
   2. When you pay by credit card, we will charge the card only when your ordered items are ready to ship. We generally group ordered items in a single shipment (to reduce your costs of shipment), unless you direct us to ship items separately. We ship most orders not later than the next business day, using a national carrier such as FedEx, and you can choose the type of delivery when you complete your order. You can get an estimate of your order’s shipping costs by adding items to your cart and click “Calculate” shipping information. When you complete your order and the item is shipped, you will receive an e-mail message with the package tracking number provided by the carrier.
   3. We collect and remit sales tax in Pennsylvania, which is where we do business, unless you have provided us a relevant tax exempt number. You may check the status of your order at your account, by going to your account and clicking “Orders”.
   4. Prices are subject to change without further notice. If you have any questions or concerns about your order, please contact us.
   5. By placing an order, you will receive email notices of upcoming sales, specials, and industry-related news. You may unsubscribe at any time.
8. Returns. Within 30 days of your order and together with your original purchase receipt, you may return any qualifying items that are either defective or in unused and resalable condition. An item will not qualify for return if the item is sold on a non-return basis, or if you cannot confirm you purchased the item from us (such as by providing your original purchase receipt), or if the timeframe for return has expired. To commence a return, contact our customer service personnel at the phone number listed for the business within the Paul B. Zimmerman, Inc. family of companies from which you ordered the item to determine whether your item qualifies for return, and if so, you will be given details to return the item to us. We pay for shipping on all qualified returns of defective items.
9. DISCLAIMERS OF WARRANTIES FOR GOODS. If an item does not qualify for return (see RETURNS section in these Terms of Use) and is not accompanied by a written warranty, then WE PROVIDE THE ITEM “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE AFOREMENTIONED EXCLUSIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
10. Limitation of our liability. While we endeavor to maintain the highest professional quality of our websites, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of our websites. We are not liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, arising from use of, or the Inability to use, the materials at our websites even if there is negligence by us or by an authorized representative of ours, or if you have been advised of the possibility of such damages, or both. The aforementioned limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages and causes of action whether in contract or tort (including without limitation, negligence or otherwise) will not exceed the amount you have paid (if any) to access our websites and purchase items there.
11. Indemnification. You agree, to the extent permitted by applicable law, to indemnify and hold us, our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your use of our websites, or arising from your violation of these Terms of Use, or arising from infringement by you or any other user of our websites using your computer of intellectual property rights or other rights of us or any other person or entity. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. Dispute resolution. You acknowledge and agree that your access and use of our websites and your purchase transactions with us are rendered in the United States. We control and operate our websites conducting e-commerce activities from our locations in Lancaster County, Pennsylvania, United States of America. We do not imply that the materials contained at our websites are accurate, appropriate or available for use outside of the United States of America. You agree to comply with all applicable laws and regulations of the various states of this United States, including export and import laws and regulations. If any dispute arises between you and us regarding any of your purchase transactions with us, the dispute shall be resolved by arbitration in Lancaster County, Pennsylvania according to the arbitration rules of the Lancaster Bar Association, and further subject to the provisions of Pennsylvania Common Law Arbitration 42 Pa. C.S. A. §7341 et seq. and the laws of the Commonwealth of Pennsylvania, USA, without regard to the conflict of laws principles of Pennsylvania. Although that arbitration shall be final and binding as the exclusive means of resolving purchase-related disputes, the federal and state courts for Lancaster County, Commonwealth of Pennsylvania, USA shall have exclusive jurisdiction over any other claims arising from your use of any of our websites.
13. Contributed ideas. In general, we do not accept unsolicited proposals or ideas that you may deem proprietary. You agree that any communication you transmit to us by electronic mail or otherwise, including any data, questions, responses, comments, suggestions and otherwise, are and will be treated as nonconfidential and nonproprietary (except for your personally identifiable information or PII, which is subject to our Privacy Policy). We are free to use any ideas, concepts, know-how, or techniques described in any communication you send to us for any purpose whatsoever, including but not limited to our developing, manufacturing and marketing products using that information. We will completely own contributed ideas without liability to compensate you or anyone who submits ideas to us through our websites.
14. Third party sites. Our websites may contain links to third-party websites, which are not under our control. We provide these links solely for your convenience. We are not responsible for the content of, nor do we endorse, any third-party sites that we link to from our websites. If you access a third-party website through our websites, you do so at your own risk. The inclusion of third-party information does not imply that we endorse or accept any responsibility for the third-party information or its supplier. If you wish to link to any of our websites, you must obtain prior written consent from us. It is prohibited to create any link to any of our websites without our prior written permission.
15. Termination. You acknowledge and agree that we may terminate or deny access to all or any part of our websites without prior notice to you if you engage in any conduct that we believe in our sole discretion violates any of these Terms of Use or any other rule, regulation or applicable law. Neither us nor any of our officers, agents or employees shall be liable to you in the event of such termination.
16. General. If any provision of these Terms of Use is found to be invalid, all other terms and conditions shall remain unaffected and continue in full force and effect. See our Privacy Policy for further information, terms and conditions regarding the use of our websites and the information found on our websites. By accessing, browsing or otherwise using our websites, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions contained in these Terms of Use or the other documents either mentioned in these Terms of Use. If you do not agree to these Terms of Use, do not use our websites.

Copyright © Paul B Zimmerman, Inc. Used with permission.